NYC CCW case is at SCOTUS!

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  • Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,201
    Anne Arundel County
    Doesn't even strict scrutiny allow for narrowly tailored infringements that fulfill a government interest?
    That interest needs to be a compelling one, and the infringement needs to be demonstrably the only reasonable way to accomplish that interest. If the opposing party demonstrates there is a less infringing way to achieve the compelling goal, the law fails. Our problem is courts have been giving giving blind deference to speculative Government arguments that a gun control law will achieve its goal, without requiring any hard data to prove it. A shining example of this is the District Court's fawning, unquestioning acceptance of MD's crime reduction arguments in MSI's original lawsuit against FSA2013.
     
    Last edited:

    FrankZ

    Liberty = Responsibility
    MDS Supporter
    Oct 25, 2012
    3,373
    That interest needs to be a compelling one, and the infringement needs to be demonstrably the only reasonable way to accomplish that interest. If the opposing party demonstrates there is a less infringing way to achieve the compelling goal, the law fails. Our problem is courts have been giving giving blind deference to speculative Government arguments that a gun control law will achieve its goal, without requiring any hard data to prove it. A shining example of this is the District Court's fawning, unquestioning acceptance of MD's crime reduction arguments in MSI's original lawsuit against FSA2013.
    Aye.

    The government has abused the idea they need a compelling interest into "because they say so" and like a petulant child it is time to take away their toy.
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    So; what exactly are we looking at with Bianchi assuming something in NYSRPA affects it? More court shenanigans with the new standard if any? I'm trying to get a handle on what we're looking at here.

    What will affect it is the level of scrutiny to be used.

    Since this case is on Hold, and i suspect will get a PC. I suspect hat it will get granted, vacated, remanded. Along with a possible opinion and dissents. The Opinion may say that based on the use of Scrutiny, this case is remanded back to district court to use strict scrutiny with TExt history and traditon to be taken into account. Maybe possibly the opinion will go so far to say that an outright ban on a class of weapons and magazines is unconstitutional.

    Thats best case scenario. I could be entirely wrong. Though.

    The way i look at it though, is it should have some level of positive outcome, otherwise they would have just denied granting cert and let the lower courts ruling stick.

    However they didnt, and its being held pending NYSPRA. Thus something positive i about to happen.

    The other reason i beleive something positive is look at the fact we have a supermajority.
     

    Rabu Rabu

    Operatoroperatoroperator
    Sep 10, 2012
    334
    Cambridge, MD
    What will affect it is the level of scrutiny to be used.

    Since this case is on Hold, and i suspect will get a PC. I suspect hat it will get granted, vacated, remanded. Along with a possible opinion and dissents. The Opinion may say that based on the use of Scrutiny, this case is remanded back to district court to use strict scrutiny with TExt history and traditon to be taken into account. Maybe possibly the opinion will go so far to say that an outright ban on a class of weapons and magazines is unconstitutional.

    Thats best case scenario. I could be entirely wrong. Though.

    The way i look at it though, is it should have some level of positive outcome, otherwise they would have just denied granting cert and let the lower courts ruling stick.

    However they didnt, and its being held pending NYSPRA. Thus something positive i about to happen.

    The other reason i beleive something positive is look at the fact we have a supermajority.
    Well I hope you're right man. You guys here have a much better grasp on this stuff than I do.
     

    GunBum

    Active Member
    Feb 21, 2018
    751
    SW Missouri
    Maybe possibly the opinion will go so far to say that an outright ban on a class of weapons and magazines is unconstitutional.

    Thats best case scenario. I could be entirely wrong. Though.

    That would be awesome, but unlikely. Wording like that could also possibly undo the 86 machine gun ban. That would make me happy.
     

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