Supreme Court to finally take up a major gun rights case

November 07, 2021, 12:39 PM

quote:
Originally posted by creslin:
quote:
Originally posted by smschulz:
quote:
They were afraid if it went to SCOTUS that they and other lefty states would be required to be " shall issue " states.

The way it should be.
No reason whatsoever that it should anything but that in step with the 2nd Amendment.

~~False.~~
The way it SHOULD be is that the government stays the hell out of our way and we can carry guns (concealed or otherwise) without it’s consent.
“The rights of the citizens to keep and bear arms”.
keep = possess
bear = carry

That's what I said.

November 07, 2021, 12:53 PM

creslin

quote:
Originally posted by smschulz:
quote:
Originally posted by creslin:
quote:
Originally posted by smschulz:
quote:
They were afraid if it went to SCOTUS that they and other lefty states would be required to be " shall issue " states.

The way it should be.
No reason whatsoever that it should anything but that in step with the 2nd Amendment.

False.
The way it SHOULD be is that the government stays the hell out of our way and we can carry guns (concealed or otherwise) without it’s consent.
“The rights of the citizens to keep and bear arms”.
keep = possess
bear = carry

That's what I said.

No.
You said that all states should be "shall issue".
My statement is that there should be no issuing at all - that we can carry without the permission of the govt.
You don't need to ask permission when it's a right.

November 07, 2021, 12:54 PM

p08

quote:
Originally posted by Ogie:
quote:
Originally posted by p08:
quote:
Originally posted by bigdeal:
quote:
Originally posted by Pipe Smoker:
If the decision does go our way the CA libs will be bouncing off the walls.
Don't kid yourself. If SCOTUS rules appropriately in this case, New York, California, Illinois, and a number of other socialist states will have a group of new bills ready to go to restrict the hell out of this right by going at it from another direction. No way they simply accept the high court's ruling.

Actually Illinois has had shall issue for many years now. This even includes Chicago. In 2020 there were6.6 million guns sold in Illinois!

Only about 7 or 8 years now. And that was in response to a court decision in D.C. that required them to make less restrictive their pistol permit requirements.(They didn't allow permits outside of the home.) So it's not like Illinois suddenly got a conscience. They were afraid if it went to SCOTUS that they and other lefty states would be required to be "shall issue" states.

I never said that the dickhead politicians went pro gun! I simply said we have it and to me that is all the matters. That said, a few years ago they did pass a bill legalizing both short barreled rifles (with restrictions) and the sale and carrying of auto knives. Both of which amazed me!

June 23, 2022, 09:38 AM

werzjon229

SCOTUS just published its decision pertaining to this case.

In it "The court holds that New York's "proper-cause" requirement to obtain a concealed-carry license violates the Constitution by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense."

Link to SCOTUS Docket:

https://www.supremecourt.gov/o...1pdf/20-843_7j80.pdf

June 23, 2022, 09:41 AM

Patriot

Conclusion from the opinion:

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 guaran- tees.” McDonald, 561 U. S., at 780 (plurality opinion). We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amend- ment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.
New York’s proper-cause requirement violates the Four- teenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

It is so ordered.

June 23, 2022, 09:42 AM

Balzé Halzé

Awesome.

June 23, 2022, 09:46 AM

radioman

I am so happy about this.

June 23, 2022, 09:52 AM

Gustofer

I almost wish I still lived in NY so I could watch leftist heads explode.

This is great news.

June 23, 2022, 10:00 AM

Shaql

So does this make every state "Constitutional Carry". No license/no permit?

June 23, 2022, 10:02 AM

BurtonRW

quote:
Originally posted by Shaql:
So does this make every state "Constitutional Carry". No license/no permit?

No. Licensing/permit systems are still okay, but all of the "may issue" states are effectively "shall issue". Might take a couple more lawsuits to enforce it in the offending states, and I'm sure the "shall issue" bit will be enhanced with more hurdles, but they'll have to be objective tests. No more subjective "why do you need it" bullshit.

-Rob

June 23, 2022, 10:03 AM

BillyBonesNY

Hallelujah!!!

June 23, 2022, 10:05 AM

sig 226

Great news for freedom!

June 23, 2022, 10:07 AM

signewt

quote:
It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him.

So then, what does this portend for future 'red flag' cases?

June 23, 2022, 10:12 AM

nhracecraft

quote:
JUSTICE THOMAS delivered the opinion of the Court:
"In 43 States, the government issues licenses to carry based on objective criteria. But in six States, including New York, the government further conditions issuance of a license to carry on a citizen’s showing of some additional special need. Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution!"

And, in his concurring opinion, Justice Alito Absolutely EVISCERATES the 'dissent'! Just Sayin...

June 23, 2022, 10:16 AM

KMitch200

About freaking time!!

June 23, 2022, 10:19 AM

sigcrazy7

This is huge. Does this mean that all states will become “shall issue”? I read the summary, and it seems that way.

I love the smack-down that Alito gave in his concurring opinion to the dissent.

quote:

Like that dissent in Heller, the real thrust of today’s dis- sent is that guns are bad and that States and local jurisdic- tions should be free to restrict them essentially as they see fit.3 That argument was rejected in Heller, and while the dissent protests that it is not rearguing Heller, it proceeds to do just that.

Ha ha, in your face, Breyer.

June 23, 2022, 10:19 AM

Flashlightboy

This holding is a great win but it's not a Get Out Of Jail card that has wiped out gun laws nationwide.

Your right to self defense exists outside of the house but states will still be allowed or permitted to conduct background checks and limit magazine capacity and likely open carry too.

The Supremes remanded the case back down for further proceedings so this isn't completely over. More to come and with the NY governor bsaying she's going to either fight the decision, more rulings are going to come.

My best guess is that government can perform a background check and limit mag capacity and likely open carry but beyond that, today's ruling is only a very directed guideline.

June 23, 2022, 10:22 AM

Bisleyblackhawk

Hey democrats…how does the “shit sammach” taste?…better get used to it, a “Golden Corral” all you can eat buffet menu is coming in November

********************************************************

"we've gotta roll with the punches, learn to play all of our hunches
Making the best of what ever comes our way
Forget that blind ambition and learn to trust your intuition
Plowing straight ahead come what may
And theres a cowboy in the jungle"
Jimmy Buffet

June 23, 2022, 10:23 AM

BurtonRW

quote:
Originally posted by Flashlightboy:
This holding is a great win but it's not a Get Out Of Jail card that has wiped out gun laws nationwide.

Your right to self defense exists outside of the house but states will still be allowed or permitted to conduct background checks and limit magazine capacity and likely open carry too.

The Supremes remanded the case back down for further proceedings so this isn't completely over. More to come and with the NY governor bsaying she's going to either fight the decision, more rulings are going to come.

My best guess is that government can perform a background check and limit mag capacity and likely open carry but beyond that, today's ruling is only a very directed guideline.

All true, but for those of us in the half dozen "may issue" (effectively no-issue) states, the nightmare is over.

Maryland's General Assembly won't be back in session until January, so no new hurdles until well into next spring. For those of us here, this ruling should mean that new applications will be processed without regard to Maryland's "good and substantial reason" requirement, and essentially be unlimited for now.

I'll take it!

-Rob

June 23, 2022, 10:23 AM

smlsig

This just came across my screen!

This is perhaps one of the best days for law abiding gun folks in several decades!

Although I had some issues with Trump and his Twitter obsession you have to give him credit where credit is due. Appointing the 3 Supreme Court justices is the most important accomplishment of his term in office.