NYC CCW case is at SCOTUS!

[motorcoachdoug]

It is now total war in NY State and that is including 2CA as well since they seem to be in cahoots with NY state Gov in this. I hope SCOTUS will issue an injunction ASAP

 

[pcfixer]

That's the firearms dealers' suit about new laws affecting commerce in firearms, not Antonyuk, the suit over carry.

See "QUESTIONS PRESENTED FOR REVIEW" starting on page 2 here: https://www.supremecourt.gov/DocketPDF/22/22-622/251374/20230104141522160_22 Petition for Certiorari.pdf

I've heard several pro-2A pundits state the plaintiffs in this case crafted their arguments poorly, unfortunately.

Wondering WHO exactly?

There are 8 questions presented for review.

QUESTIONS PRESENTED FOR REVIEW 1. Is there a likelihood of success on the merits under Winter v. Natural Resources Defense Council that the meaning and purpose of “to keep,” as in “to keep and bear arms” in the Second Amendment, creates standing for the federally-licensed dealer in firearms comparable to that of the individual, given that the firearm is the only civil right dependent upon an object for actualization?

2. Is there a likelihood of success on the merits under Winter that “constitutional regulatory overburden” could be used as a standard of constitutionality of law(s) directed at federally-licensed dealers in firearms to guard against dis-incentivizing the industry from performing its necessary function for individuals seeking to exercise their fundamental Second Amendment rights?

3. Is there a likelihood of success on the merits under Winter that the Second Amendment, in conjunction with the Gun Control Act of 1968, the Firearm Owners’ Protection Act of 1986, and the Brady Act (1993), along with federal firearms compliance law and regulation, protects the records of the federallylicensed dealer against government seizure of those records, including for purposes of creating a firearms owners’ registry?

4. Is there a likelihood of success on the merits under NYSRPA v. Bruen that government actors must not so frustrate a licensing scheme as to substantially block issuance of licenses? ii

5. Is there a likelihood of success on the merits under NYSRPA v. Bruen that government is prohibited from requiring a license in order to purchase the class of firearms commonly used and known as the “semiautomatic rifle,” where there is no historic analogue for the same?

6. Is there a likelihood of success on the merits under NYSRPA v. Bruen that government is prohibited from requiring an ammunition background check in order to purchase ammunition, where there is no historic analogue for the same?

7. Is there a likelihood of success on the merits under the Fifth Amendment that an individual cannot be compelled to sign a document requiring attestation of compliance while engaged in litigation to overturn the certification mandate?

8. Are Petitioners entitled to preliminary injunctive relief to stop enforcement of new laws, targeting statelicensed dealers in firearms, threatening catastrophic constitutional, criminal, and regulatory penalties, even where Respondents admit discriminatory animus and intentionally disrupt normal implementation of compliance and licensing systems?

 

[pcfixer]

Supreme Court of the United States Home

Today at the Court - Tuesday, Oct 10, 2023​

---

• The Court will release an order list at 9:30 a.m.
• The Court will convene for a public session in the Courtroom at 10 a.m. The Justices will hear two oral arguments. An audio feed will be live-streamed, and the audio will be available on the Court's website later in the day.
• Seating for the oral argument session will be provided to the public, members of the Supreme Court Bar, and press. The three-minute line will be temporarily suspended. The Supreme Court Building will be otherwise closed.

 

[KingClown]

Bet like all the other cases SCOTUS sides with the gov and refuses any PI. They have done this in every case it seems to be SOP. They might smack them in the pee pee with a brick once they hear the case but that doesnt help us during the years it takes to get a ruling.

 

[pcfixer]

23A230 GAZZOLA, NADINE, ET AL. V. HOCHUL, GOV. OF NY, ET AL. The application for stay addressed to Justice Thomas and referred to the Court is denied.

https://www.supremecourt.gov/orders/courtorders/101023zor_5i26.pdf

 

[RennBaer]

I can't say that I'm surprised by that result. It's rare that SCOTUS doesn't wait for a case to play out in the lower courts first, no matter how long it takes...we're at 6+ months now since oral arguments for five separate 2A cases and it's still crickets from the 2nd Circuit.

 

[csanc123]

23A230 GAZZOLA, NADINE, ET AL. V. HOCHUL, GOV. OF NY, ET AL. The application for stay addressed to Justice Thomas and referred to the Court is denied.

https://www.supremecourt.gov/orders/courtorders/101023zor_5i26.pdf

Ughhhhh.

 

[Bob A]

One wonders whether the recent news will light a fire under the Court?
Probably have to wait for some terror attacks on the "homeland" before the noise level reaches the Ivory Tower.

 

[Lafayette]

I can't say that I'm surprised by that result. It's rare that SCOTUS doesn't wait for a case to play out in the lower courts first, no matter how long it takes...we're at 6+ months now since oral arguments for five separate 2A cases and it's still crickets from the 2nd Circuit.

And almost 10 months for Bianchi in the 4th circuit. My wife has created an entire human FROM SCRATCH in the time we have waited for that decision.

 

[Blacksmith101]

And almost 10 months for Bianchi in the 4th circuit. My wife has created an entire human FROM SCRATCH in the time we have waited for that decision.

I suspect she had a little help from you at least at the start.

 

[Lafayette]

I suspect she had a little help from you at least at the start.

I hope so….

 

[RennBaer]

https://www.governor.ny.gov/news/st...on-latest-attempts-undermine-new-yorks-nation

"The United States Supreme Court has sided with common sense, denying the application for emergency relief that would have temporarily dismantled New York's nation-leading gun safety laws. This news comes following the plaintiffs' last-ditch effort to get Justice Clarence Thomas to grant the same application that Justice Sonia Sotomayor had already denied, to attempt to block the law on firearms checks that we passed last year following the Buffalo massacre and the overturning of New York's century old gun safety laws. Public safety is my top priority, and I'm committed to working with law enforcement and leaders across New York to keep our communities safe."

 

[teratos]

https://www.governor.ny.gov/news/st...on-latest-attempts-undermine-new-yorks-nation

"The United States Supreme Court has sided with common sense, denying the application for emergency relief that would have temporarily dismantled New York's nation-leading gun safety laws. This news comes following the plaintiffs' last-ditch effort to get Justice Clarence Thomas to grant the same application that Justice Sonia Sotomayor had already denied, to attempt to block the law on firearms checks that we passed last year following the Buffalo massacre and the overturning of New York's century old gun safety laws. Public safety is my top priority, and I'm committed to working with law enforcement and leaders across New York to keep our communities safe."

That sucks.

 

[Worsley]

Great to hear!!

What’s the actual outcome here? Good or bad? I never understand legalese.

 

[Zaicran]

Hey if anyone wants someone to sign on a shall-issue suit for MD I'm all ears. I'll gladly take requirements for training, licensing and insurance if I know I will eventually get the thing.

I need training, licensing and insurance for work and vehicles so I'm fine with it for firearms.

Did you just compare gun ownership (to keep) and carrying (to bear) which is a right protected by the 2nd amendment to driving a car/insurance on a public road? (A privilege, not a right).

What's next? You think someone should have to get a license and training (ie permission from the government) to pray? Vote?

 

[teratos]

What’s the actual outcome here? Good or bad? I never understand legalese.

Justice Thomas denied NY’s motion to be tyrants.

 

[River02]

What’s the actual outcome here? Good or bad? I never understand legalese.

I believe it is to be viewed as a temporary setback that will eventually result in a major slap-down...???

 

[adit]

Justice Thomas denied NY’s motion to be tyrants.

I don't think that is what happened.

"The United States Supreme Court has sided with common sense, denying the application for emergency relief that would have temporarily dismantled New York's nation-leading gun safety laws. This news comes following the plaintiffs' last-ditch effort to get Justice Clarence Thomas to grant the same application that Justice Sonia Sotomayor had already denied, to attempt to block the law on firearms checks that we passed last year following the Buffalo massacre and the overturning of New York's century old gun safety laws. Public safety is my top priority, and I'm committed to working with law enforcement and leaders across New York to keep our communities safe.

 

[Boondock Saint]

Great to hear!!

My sarcasm detector needs calibrating. The denial is bad for 2A.

 

[csanc123]

Justice Thomas denied NY’s motion to be tyrants.

No...they did not grant the injuction...so now we wait for 4th.