NYC CCW case is at SCOTUS!

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  • teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,860
    Bel Air
    LOOPHOLE ALERT!

    Thomas used the term " self defense needs" in the opinion. Who will determine what my needs are and if they warrant a permit vs what yourneeds are?

    Sent from my SM-G991U using Tapatalk
    I don’t think “they” have much of an option aside from some very narrowly tailored “sensitive areas”
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    I see that the BGOS is strong in this thread.

    I read the opinion "shall not be infringed"

    Kavanaugh concures that the permit requirements need to be objective.

    Background checks and training will be acceptable under this opinion. An "investigation" that leaves discretion in the hands of the MDSP wont be. I fail to see how interviews will pass muster under this opinion. If you have not been convicted of anything, it will be hard to deny your permit.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,752
    I read it as also doing away with intermediate scrutiny with regards to the 2nd amendment….
    Yes it does!

    "Despite the popularity of this two-step approach, it is one step too many. Step one of the predominant framework is broadly consistent with Heller, which demands a test rooted in the Second Amendment’s text, as informed by history. But Heller and McDonald do not support applying meansend scrutiny in the Second Amendment context. Instead, the government must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms."
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,752
    NY Governor says she prepared to make only muskets approved for carry.


    Sent from my iPhone using Tapatalk
    Lol. Good luck. The opinion specifically calls out that HANDGUNS must be allowed for general carry outside of the home as they are a weapon IN COMMON USE. I haven't finished reading the opinion to see if anything else is termed "in common use", but it makes it really clear, anything in common use is protected and specifically enumerates handguns as one such thing.

    "In sum, the Courts of Appeals’ second step is inconsistent with Heller’s historical approach and its rejection of meansend scrutiny. We reiterate that the standard for applying the Second Amendment is as follows: When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” Konigsberg, 366 U. S., at 50, n. 10."
     
    Last edited:

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,613
    SoMD / West PA
    Snip...

    The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). The exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need.
     

    ChrisD

    Ultimate Member
    MDS Supporter
    Jan 19, 2013
    3,068
    Conowingo
    Lol. Good luck. The opinion specifically calls out that HANDGUNS must be allowed for general carry outside of the home as they are a weapon IN COMMON USE. I haven't finished reading the opinion to see if anything else is termed "in common use", but it makes it really clear, anything in common use is protected and specifically enumerates handguns as one such thing.
    Prepare for lungs to be blown out and piled everywhere on the streets like turds in San Francisco.:sarcasm:
     

    jc1240

    Ultimate Member
    MDS Supporter
    Sep 18, 2013
    15,016
    Westminster, MD
    Snip...

    The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). The exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need.
    Would that nip in the bud any taxes/fees akin to poll taxes to exercise a right?
     

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