Posted on 06/23/2022 7:31:41 AM PDT by TexasGurl24
Thomas writes opinion.
Every state is now a shall issue state.
This also impacts other places who try to do the two-part permitting as well, such as Massachusetts and Rhode Island.
I am curious why Thomas, as senior justice in the majority, chose to write the majority opinion in this gun decision but apparently handed off Dobbs to Alito. Any insight or speculation?
States can still require a permit, However, they can No longer make it a two-part permit where part one is you pass a background check and then part two is they decide if they issue one, even if you passed said background check, based on your stated reason for applying. As an example, Place is like New York city, Boston Massachusetts, etc. Would strictly enforce the two part requirement and make you write down a reason why you wanted it. Even if you put self-defense, they would deny it unless you could specify a specific threat and even then they still could deny it.
However, if you were some special celebrity, extremely wealthy person who could afford a lawyer, etc. They will gladly issue you one no matter white.
From what I read, the “two part “permitting system was deemed unconstitutional. They still may require a permit, however, it essentially removes the “May issue“ system. If you apply, pass the background check they have to issue it, they can no longer require you to give a reason to justify your application.
The Justices typically write about the same number of opinions per sitting. Thomas has written 7 now, and is probably done for the term.
Alito is just as capable of writing the abortion decision, and he’d be the next most senior Conservative.
New York State, Massachusetts, Rhode Island, and I’m sure others require both a background check in for you to state a reason why you Want the permit. For example, in New York City, you can pass the background check but can be arbitrarily denied because they don’t believe self-defense is a good enough reason to issue it.
The way I understand it, it takes away the “May issue” permits and forces them to issue you a permit as long as you can pass a background check.
The two-part test is the made up standard that has treated the 2nd Amendment like a second class right in the lower courts.
The first step is a threshold inquiry about whether the Second Amendment even applies. The second step is a balancing sliding scale analysis, which has let Obama appointed judges ignore the 2nd Amendment. After today, no more.
That is correct. But Her Heinous Hochul will impose her will and try to formulate a new strategery. Problem is, the 6-3 ruling is explicit and now THE LAW OF THE LAND.
Illinois did the same thing. They still became shall issue.
Because it is a made up right. In the Miranda decision, the court called it a court created federal rule of criminal procedure. Over the years the court evolved the “rule” to be broader and broader, ultimately a “constitutional right” even though the right to be warned is not in the constitution and neither is the right to free attorneys. If proposed as a constructional amendment it would never have passed, even today.
Thanks. I expect Thomas has eagerly awaited Roe’s demise, but that doesn’t necessitate being its actual executioner.
In NY this decision will be given the Brown vs Bd of Ed treatment, that is “all deliberate speed” meaning almost never.
Clarence Thomas turns the tables and calls gun control racist.
The man is a rare American treasure. pic.twitter.com/ytRWuDxO9S— John Cardillo (@johncardillo) June 23, 2022
I sometimes enjoy going to DU and savoring their tears over court decisions. Today, they posted a real threat against the life of Justice Thomas:
https://democraticunderground.com/100216832665.
Title:
“I guess the protesters outside houses of Justices will be able to carry guns now
Judge Thomas what do you think about that?”
I hope I’m not violating a FR rule, but I felt this had to be reported.
That’s not as easy as people think that it is.
New York will be forced to follow the law, just like DC was.
They might kick and scream, but DC had shall issue imposed on them, and even non-residents can get the permits, whether DC likes it or not.
Report it to the Supreme Court police.
It just did. Maryland will have to issue permits now, whether they like it or not.
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