jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
Does the court need to really go there though?
As explained before NY can't fight on the CCW restriction front since they offer no alternative. The court can simply accept both parties' belief that CCW is a form of carry that each can live with.
As far as the limitations go plaintiffs are simply wanting to carry in areas already deemed non-sensitive by the state by virtue of allowing carry with the proper license. Most other states don't have the myriad of licenses that NY does. It's full carry or nothing.
A case dealing with sensitive places will be for another day. NY just can't simply claim that other people nearby automatically nixes the right.
The court needs to go somewhere. NY is certainly fighting on the CCW restriction front because it is part of the historical prohibition. NY is even arguing that they allow some form carry outside the home. The fact that there is no open carry may not matter based on the question that is before the court. The arguments presented don't really prevent the court from adopting the historical prohibition, which the court has already provided some discussion on in Heller.
The long conference is on Mon and we will likely hear any grants by the end of next week. There will also be a response by NYSRPA in about 3 weeks that may better address these issues. Something may also get introduces at oral argument. We need to wait and see what happens during these events to better understand how the court may resolve these issues.