Second Circuit NYC transport law upheld

Blacksmith101 · Jan 23, 2019

Occam said:
Judge N is slowly adapting to the media gig's need to say click-worthy things. He's frequently quite sober and objective about things, but sometimes strays into more provocative territory for, I suspect, a bit of entertainment value and pot stirring. I'd rather hear him say HOW he expects it to change, and on what basis. Otherwise, it's more like that ancient Chinese curse: "May you live in interesting times."

This was part of his discussion about the Supreme Court taking the NY case so there is more but I haven't found a link yet. They may replay his comments on the show which is on now, Varny and Company.

platoonDaddy · Jan 23, 2019

Occam said:
Judge N is slowly adapting to the media gig's need to say click-worthy things. He's frequently quite sober and objective about things, but sometimes strays into more provocative territory for, I suspect, a bit of entertainment value and pot stirring. I'd rather hear him say HOW he expects it to change, and on what basis. Otherwise, it's more like that ancient Chinese curse: "May you live in interesting times."

Judge N has become a Tool for the lib’s

jcutonilli · Jan 23, 2019

Inigoes said:
History and tradition, point more to acceptance of open carry.

Look at law enforcement today, there will be people who argue about training and tactics, but officer friendly always open carry when armed. Soldiers do the same.

Hostorically, concealed carry had a negative connotation due to ambushing the prey.

You have not really answered the question about concealed carry. You certainly seem to imply that concealed carry is not protected due to history and tradition.

I would disagree about law enforcement today. While officer friendly will open carry while in uniform, they will likely carried concealed if in plain clothes. There may also be a concealed backup piece carried by the officer. Detective friendly will most likely carried concealed.

I would also disagree about your interpretation of concealed carry. While I think you understand that concealed carry had negative historical connotations, you have not updated those connotations to present day. Caetano indicates that you need to update those connotations to present day. As I have indicated above the current connotations indicate that concealed carry is acceptable because circumstances have changed.

My point about concealed carry is not to say this case is about concealed carry. It is to illustrate that history and tradition can negatively impact the interpretation of the 2A just as much as a scrutiny analysis.

adit · Jan 23, 2019

platoonDaddy said:
Judge N has become a Tool for the lib’s

Exactly, and Shep's cuck. Some of the crap that comes out of his mouth makes me really question whether he ever had a law degree.

jcutonilli said:
You have not really answered the question about concealed carry. You certainly seem to imply that concealed carry is not protected due to history and tradition.

I would disagree about law enforcement today. While officer friendly will open carry while in uniform, they will likely carried concealed if in plain clothes. There may also be a concealed backup piece carried by the officer. Detective friendly will most likely carried concealed.

I would also disagree about your interpretation of concealed carry. While I think you understand that concealed carry had negative historical connotations, you have not updated those connotations to present day. Caetano indicates that you need to update those connotations to present day. As I have indicated above the current connotations indicate that concealed carry is acceptable because circumstances have changed.

My point about concealed carry is not to say this case is about concealed carry. It is to illustrate that history and tradition can negatively impact the interpretation of the 2A just as much as a scrutiny analysis.

Throughout history the weather/temperature determined whether someone open or concealed carry. In cold weather their sidearm was under their coats.

Since open/conceal is not mentioned in the 2A it should not be a consideration in carry decisions at all, thereby protected in any interpretation.

jcutonilli · Jan 23, 2019

adit said:
Exactly, and Shep's cuck. Some of the crap that comes out of his mouth makes me really question whether he ever had a law degree.

Throughout history the weather/temperature determined whether someone open or concealed carry. In cold weather their sidearm was under their coats.

Since open/conceal is not mentioned in the 2A it should not be a consideration in carry decisions at all, thereby protected in any interpretation.

The 2A does not actually define the right. It is a preexisting right. You need to define the source of the right in order to determine if there is any infringement.

press1280 · Jan 23, 2019

jcutonilli said:
The 2A does not actually define the right. It is a preexisting right. You need to define the source of the right in order to determine if there is any infringement.

I would think early 18th Century cases would be the place to start. It's clear that this country viewed the right more liberally than England.

Stoveman · Jan 24, 2019

The Charm City birdcage liner is apoplectic.

https://www.baltimoresun.com/news/opinion/editorial/bs-ed-0124-scotus-guns-20190123-story.html

FTA:

Imagine a future in which neither the Baltimore City Council nor the Maryland General Assembly has the ability to bar most people from carrying their firearms on the streets, either openly or so-called “concealed carry.” This has been the dream of the National Rifle Association and its ardent followers for years. They want a return to Wild West standards where “good guys with guns” roam the frontier and can have their firearm holstered to their side whether riding public transit or sitting in church or shopping at the mall. No longer will such rights be grounded in home defense. And no longer will local standards prevail when visitors get their handgun permits from another state. In other words, if you think Baltimore has too many guns now, get ready to double-down.

swinokur · Jan 24, 2019

Because CCW holders are proven to be so unsafe?

You will still need a permit to carry.

So they are admitting that all the previous “common sense” gun control legislation has been a colossal failure?

None of the usual excuses have been proven true, in fact quite the contrary

More of the same baseless liberal hand wringing

Boxcab · Jan 24, 2019

I always wonder what special elixir runs in the Potomac River, and the Chesapeake Bay, that assures Marylanders will act differently then Virginians have when CCW is available to the masses? It must be some very secret, boogey man, sauce that the Baltimore Sun Editorial Board see and we can't.

F'em.

.

K-Romulus · Jan 24, 2019

Slate (always good for a laugh) has its “legal writer” (I use that term loosely) join in the hysteria:

https://slate.com/news-and-politics/2019/01/supreme-court-new-york-gun-case-heller.html

“The Supreme Court Is Preparing to Make Every State’s Gun Laws Look Like Texas’”

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Occam · Jan 24, 2019

K-Romulus said:
Slate (always good for a laugh) has its “legal writer” (I use that term loosely) join in the hysteria: ... “The Supreme Court Is Preparing to Make Every State’s Gun Laws Look Like Texas’”

Hysteria? I call that pure optimism!

K-Romulus · Jan 24, 2019

Occam said:
Hysteria? I call that pure optimism!

I hear you - we can only hope for such an outcome

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Fedora · Jan 24, 2019

Post 207: https://www.baltimoresun.com/news/op...123-story.html
Post 210: https://slate.com/news-and-politics/...se-heller.html

Chief Justice Roberts reported interest in his legacy, combined with the hysteria noted above, increases the likelihood of a brief "The Constitution requires strict scrutiny when infringing on enumerated rights. This is what strict scrutiny requires . . . "

One can only hope.

CrabcakesAndFootball · Jan 24, 2019

Comments on that slate story are great. 10-1 in our favor.

Kharn · Jan 24, 2019

Stoveman said:
The Charm City birdcage liner is apoplectic.

https://www.baltimoresun.com/news/opinion/editorial/bs-ed-0124-scotus-guns-20190123-story.html

FTA:

They hilariously lose the distinction about "good guy with a gun" vs "Baltimore has too many guns." I guess good people shouldn't have something because too many bad people already have it. :rolleyes:

HaveBlue · Jan 24, 2019

Kharn said:
I guess you could have an NYC FFL send the pistol to an FFL in your new state of residence for you to retrieve once you've worked through their bureaucracy for a new driver's license and any special licensing.

Is there a provision in the law that allows the firearm to be transported to an FFL? I thought it was only to/from shooting ranges.

esqappellate · Jan 24, 2019

Kharn said:
They hilariously lose the distinction about "good guy with a gun" vs "Baltimore has too many guns." I guess good people shouldn't have something because too many bad people already have it.

See MSI’s response to the Sun:
https://www.marylandshallissue.org/...altimore-sun-s-guns-and-the-new-supreme-court

AssMan · Jan 25, 2019

Imagine a future in which neither the Baltimore City Council nor the Maryland General Assembly has the ability to bar most people from carrying their firearms on the streets

Um, isn't that pretty much the current state of affairs in that city?

fidelity · Jan 25, 2019

snallygaster said:
Um, isn't that pretty much the current state of affairs in that city?

Truth bomb.

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Not_an_outlaw · Jan 25, 2019

esqappellate said:
See MSI’s response to the Sun:
https://www.marylandshallissue.org/...altimore-sun-s-guns-and-the-new-supreme-court

Great response.

Second Circuit NYC transport law upheld

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