NYC CCW case is at SCOTUS!

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  • Apd09

    Active Member
    May 30, 2013
    982
    Westminster, MD
    Well... we know it won't be Ginsburg... :rolleyes:

    7cce0fb5daaf99601e35737d791d1621.jpg


    Good lord….well done sir, well done.


    Sent from my iPhone using Tapatalk
     

    PapiBarcelona

    Ultimate Member
    Jan 1, 2011
    7,372
    The "sensitive places" shtick will be the next 10 years of lawsuits.

    You'll get your shall issue permit but states like MD, NY, et al will make something like a gas station with more than 7 fuel pumps a sensitive place for no citizen carry, 2-40 years in jail, $250,000 fine.

    Meanwhile people in this state commit and charged with armed robbery and spend hardly any time in jail.
     

    Atlasarmory

    Ultimate Member
    MDS Supporter
    Mar 2, 2009
    3,362
    Glen Burnie
    I would think if the ruling on this case would not offend the party that likes to riot we would have had a decision by now. If it won't upset the status quo why wait ?
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Looking at SCOTUS opinion metadata is intersting. All of today's PDFs except for Viking River Cruises were created on Monday. Going back, most decision PDFs seem to be made two or three days prior to opinion day. Here's the info for Gallardo v. Marstiller. It was released on Monday, 6/6 but was ready to go Friday afternoon by 3pm.

    Screen Shot 2022-06-15 at 15.26.00.png
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,757
    I don't understand the part about states taking their own sweet time to bring their laws into conformity with the Constitution. Is it not true that once a law is been found unconstitutional, it is deemed as having been always unconstitutional?

    And would it not follow that the period between finding the law unconstitutional and new conforming state law being adopted, there would be essentially no law on the matter? (See DC and it's brief affair with permitless carry.)

    Would much appreciate some enlightenment.
    It’s a depends. If the law just says that self defense is a legitimate reason to get a permit, but doesn’t rule permits themselves are invalid, then it is absolutely something that will take time.

    Sure, sure, MDSP suddenly can’t reject your permit. Tell them that. What if there isn’t the check box in a system for example?

    “We hear you that self defense is legitimate, but our permitting system has A) victim of a crime B) business owner C) retired LEO D) gave the desk sargeant $1000 in a paper bag and/or handjob.

    What and how the ruling is done will depend on how fast or slow it can be complied with. If a state is good and honest, they’ll change laws and regulations right away. If they are dishonest it’ll take a lawsuit and the courts forcing the change.

    If the opinion was permits are unconstitutional, congrats. Carry a handgun same day. If permits are fine, but the requirements to get one are unconstitutional then you still must have one, but how it’s issued and requirements to get it just change. Yes they can keep denying you and there is nothing other than another lawsuit to stop them. That isn’t solved in a day. Even with a clear decision it’ll take months to resolve through the courts at best. The courts are almost certainly going to give some leeway to legislatures and regulatory bodies to update laws, regulation, and enforcement so long as they appear to be approaching it in good faith.

    I don’t buy NYC/NY taking years to resolve though. Unless they mean years of trying to dodge the judgement. Courts will force their hand much sooner than that.
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    Whatever you saw from scotusblog take with a grain of salt unless what you saw was written by Mark or Amy.

    however even they can be wrong. Amy has said multiple times, that odds are that it will be Thomas writing the opinion, however it is possible that Barrett could write it as well.

    But if you take a look at how opinions are chosen to be written, and based on a round robin monthly approach as well to even out workloads, and the fact that “Rookies” very rarely get to write a huge major opinion. Odds are more then likely that it’s Thomas.

    1. Thomas and Barrett are the likely ones to write based on round robin monthly approach at evening out the workload for November 2021 cases.

    2. Thomas is most Senior under the Chief Justice. Who Gets to choose who writes the opinion is the Chief if he is part of the Majority. Otherwise it goes to the most senior in the Majority. In this case if Roberts isn’t in the Majority it goes to Thomas to choose. Assuming it is Thomas who gets to choose, he won’t give it to Barrett. This is something he has wanted for over a decade.

    3. If Roberts is part of the original majority, and he chooses to write it himself, and if someone Else writes a better opinion that at least 4 others like and support more the. The one Roberts likes. That persons opinion becomes the Majority opinion and it is “stolen” from Roberts.

    4. Major opinions Especially big ones such as this are not going to be written but such a rookie as Barrett. Nothing personal against Barrett or her skills, but major opinions rarely get written by someone so new no usually go to the most senior of Justices.

    So odds are very high that Thomas will be writing this one.

    From what I have seen heard and read, it is my belief that Roberts were concur in part and dissent in part. why?

    3 reasons that I have said before. There will be 3 comments opinions on 3 various areas.

    1. the right to carry in public outside the home.

    2. The use of Scrutiny, Text, History and Tradition, how to use it for future 2A cases, and in what context.

    3. Something will be said about sensitive places. I am sure it will define to some degree or explain to some degree what is or isn’t a sensitive place.

    How narrow or wide each will be is anyones guess. Even if Thomas is writing the opinion.

    We will probably get a 6-3 ruling on #1, and a 5-4 ruling on the last 2.

    Who will vote which way is anyones guess. 1 of the liberal justices is a Textualist. Even Breyer in oral arguments questioned the legality of New York.

    So who knows…
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,943
    Bel Air
    Look how quickly DC came into compliance.

    I would be surprised if they ruled that permits were unconstitutional, but permits are part of the case! Fingers crossed!
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    It’s a depends. If the law just says that self defense is a legitimate reason to get a permit, but doesn’t rule permits themselves are invalid, then it is absolutely something that will take time.

    Sure, sure, MDSP suddenly can’t reject your permit. Tell them that. What if there isn’t the check box in a system for example?

    “We hear you that self defense is legitimate, but our permitting system has A) victim of a crime B) business owner C) retired LEO D) gave the desk sargeant $1000 in a paper bag and/or handjob.

    What and how the ruling is done will depend on how fast or slow it can be complied with. If a state is good and honest, they’ll change laws and regulations right away. If they are dishonest it’ll take a lawsuit and the courts forcing the change.

    If the opinion was permits are unconstitutional, congrats. Carry a handgun same day. If permits are fine, but the requirements to get one are unconstitutional then you still must have one, but how it’s issued and requirements to get it just change. Yes they can keep denying you and there is nothing other than another lawsuit to stop them. That isn’t solved in a day. Even with a clear decision it’ll take months to resolve through the courts at best. The courts are almost certainly going to give some leeway to legislatures and regulatory bodies to update laws, regulation, and enforcement so long as they appear to be approaching it in good faith.

    I don’t buy NYC/NY taking years to resolve though. Unless they mean years of trying to dodge the judgement. Courts will force their hand much sooner than that.

    You are right. In the past depending on what laws were overruled and found unconstitutional, some states have voluntarily and quickly relinquished and did what SCOTUS said. Others an additional lawsuit had to be filed and the district court enjoined that state.

    A lot though depends on the law itself. If it’s a criminal law that scotus found unconstitutional, it just becomes unenforceable immediately and thus state and federal prosecuters cant successfully arrest, charge and convict someone.

    However in this case, it’s forcing the state to do something. That something is issuing you a permit.

    The state May adhere immediately and follow the law and start issuing permits. OR a lawsuit will have to be filed and a federal district court will have to force the state to adhere.

    Knowing that though. There is already a lawsuit filed against Maryland that is on hold pending this case. Which will be settled within 60-90 days after the opinion is released. That court in that case. Will force Maryland to adhere and will invalidate the Maryland law.

    Lawsuit cases are allready pending for Hawaii, California, New Jersey, NYC. More then one case has been filed for Hawaii and for California, as well s for NJ and NYC. I have not found one filed for Massachusetts or for Rhode Island.

    With Rhode Island though, May issue only is an issue with the State AG, local police are shall issue. The state AG for Rhode Island has allready said he will become shall issue based on the opinion released.

    Massachusetts Is being quiet.

    What I have told people to do for Maryland is click the box for personal self defense. Then for the letter for a reason, state for personal self defense based on their 2A right to self defense, and also mention the recent SCOTUS case and the Maryland case. Then include a copy of the SCOTUS NYSPRA opinion. As well as the Maryland case if there is one. That should shut them up on that issue and process it.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,943
    Bel Air
    You are right. In the past depending on what laws were overruled and found unconstitutional, some states have voluntarily and quickly relinquished and did what SCOTUS said. Others an additional lawsuit had to be filed and the district court enjoined that state.

    A lot though depends on the law itself. If it’s a criminal law that scotus found unconstitutional, it just becomes unenforceable immediately and thus state and federal prosecuters cant successfully arrest, charge and convict someone.

    However in this case, it’s forcing the state to do something. That something is issuing you a permit.

    The state May adhere immediately and follow the law and start issuing permits. OR a lawsuit will have to be filed and a federal district court will have to force the state to adhere.

    Knowing that though. There is already a lawsuit filed against Maryland that is on hold pending this case. Which will be settled within 60-90 days after the opinion is released. That court in that case. Will force Maryland to adhere and will invalidate the Maryland law.

    Lawsuit cases are allready pending for Hawaii, California, New Jersey, NYC. More then one case has been filed for Hawaii and for California, as well s for NJ and NYC. I have not found one filed for Massachusetts or for Rhode Island.

    With Rhode Island though, May issue only is an issue with the State AG, local police are shall issue. The state AG for Rhode Island has allready said he will become shall issue based on the opinion released.

    Massachusetts Is being quiet.

    What I have told people to do for Maryland is click the box for personal self defense. Then for the letter for a reason, state for personal self defense based on their 2A right to self defense, and also mention the recent SCOTUS case and the Maryland case. Then include a copy of the SCOTUS NYSPRA opinion. As well as the Maryland case if there is one. That should shut them up on that issue and process it.
    Do you have any recommendations on grills?
     

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