Supreme Court - NYSRPA v. Bruen - Megathread

[Hoover]

That feels like it would give us a faster result as well, assuming that the lower court is willing to accept this new decision and rule correctly. If they decide to be dinks and rule in favor of the state again under some new ridiculous reasoning we are back where we stand today and we see how SCOTUS deals with it then.

There isn’t a requirement courts decide in a set amount of time, they could hold cases for years if they want.

The young vs Hawaii originally started in 2010 I believe and he’s still fighting.

 

[Hoover]

The live stream of the orders is on Scotusblog

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[Hoover]

I think the bumpstock is the least likely.
Mag limits and AWB are probably higher.

I hope if they take just one, they don't waste it on the bumpstock.

Unless someone can educate me on why a desicion on bumpstocks can have a more beneficial effect on the 2A than AWB or Mag Limits.

I think they’ll vacate and remand the mag limit cases, AWB and young v Hawaii (open carry). Bumpstocks are a toy and a far smaller issue. Also I think the 5th circuit taking it en banc I will probably find the ban unlawful. SCOTUS can duck the bumpstock case and allow the 5th to hear it en banc and develop more of a record.

 

[Hoover]

Bumpstocks could be interesting to the Justices not from a “guns” point of view, but more in its effect on administrative law. We’ll see.

I think that’s how the 5th will strike the ban down. Obama’s ATF said they could not be banned under current law then trump ordered it and suddenly they found a legal way to ban them. And the wording suggesting it’s a machine gun if I remember correctly, that can be legal.

 

[firestorm]

There isn’t a requirement courts decide in a set amount of time, they could hold cases for years if they want.

The young vs Hawaii originally started in 2010 I believe and he’s still fighting.

They could, but it seems more likely that a case GVR'd back to the appeals court would be heard and decided before the same case being granted cert now, heard in the fall, and decided next year. I could be wrong though, is it usual that cases sent back to the appeals court languish there for years before they make a decision?

 

[Hoover]

They could, but it seems more likely that a case GVR'd back to the appeals court would be heard and decided before the same case being granted cert now, heard in the fall, and decided next year. I could be wrong though, is it usual that cases sent back to the appeals court languish there for years before they make a decision?

I would think the appeals court would decide the case fairly quickly if any are remanded. They already heard the cases, they would be redefining with a different standard now. They could basically use the appeals courts dissents in those mag and AWB cases and issue an opinion in weeks if they wanted.

 

[Hoover]

Kennedy v. Bremerton School District (football coach praying after game on the field) decided, 6-3 conservative majority with Gorsuch writing the opinion. No surprise on the ruling.

 

[FrugalFannie]

That said, the former Cali AG Xavier Becerra was unable to seize guns from more than 10% of those that had their firearms permits revoked due to felony conviction and other disqualifying causes. He wanted $100s of millions more that he never got before he left to join Biden’s administration.

The $$$ it would take to implement a “moral character” investigation operation would be even more cost-prohibitive. The SCOTUS decision also noted that lengthy permitting delays or fees were also not kosher. I expect most CA issuing authorities will just do a NICS and issue, once any fingerprinting/training requirements are satisfied.

”We’ll stop infringing rights of the people when we’re good and ready” is a poor attitude for any AG…

Not really. The licensing authority would just deny the permit application and then make it incumbent upon the applicant to prove they do have good moral character. How many people would be able to hire an attorney and do that? Very few. So they suppress the "masses" and capitulate when an attorney gets into the equation. What's that, maybe 1% of all denied applicants?

 

[June4th]

They are already doing things like defining "Any arrest withing the past 5 years, regardless of disposition" as evidence of bad moral character.

It’s right in the bullseye of ‘innocent until proven guilty’ principle.

 

[DungeBerry63]

Got a call from my licensing officer and he told me since they remove redo after a year and mines is up in December he told me to just wait give him a call and they will get it taken cared of them

 

[DungeBerry63]

i will i dont have my hopes up but matter as well try tired of not being able to carry cause of stupid restrictions

Was told since they remove restrictions after a year I should wait till December

 

[Hoover]

Was told since they remove restrictions after a year I should wait till December

Call Comm2A and FPC. SCOTUS said it’s a right to carry, a right delayed is an abuse no one should be subjected to

 

[Roadglide]

Was told since they remove restrictions after a year I should wait till December

Tough call. You shouldn’t have to wait. What do they think will happen if you become a victim between now and then because your carry is restricted. Not smart on their part if you ask me.

 

[Picton]

Got a call from my licensing officer and he told me since they remove redo after a year and mines is up in December he told me to just wait give him a call and they will get it taken cared of them

Call Comm2A.

 

[Uzi2]

Not really. The licensing authority would just deny the permit application and then make it incumbent upon the applicant to prove they do have good moral character. How many people would be able to hire an attorney and do that? Very few. So they suppress the "masses" and capitulate when an attorney gets into the equation. What's that, maybe 1% of all denied applicants?

And that is what makes the entire process so egregiously wrong. I don't have to prove anything to any government entity to exercise my constitutional rights other than the fact that I'm still alive.

 

[PeterC]

Not really. The licensing authority would just deny the permit application and then make it incumbent upon the applicant to prove they do have good moral character. How many people would be able to hire an attorney and do that? Very few. So they suppress the "masses" and capitulate when an attorney gets into the equation. What's that, maybe 1% of all denied applicants?

Once, many years ago, Haverhill MA tried to restrict my renewal to 'target and hunting'. So, I got a free 15 minute consult with a good attorney and got some good advice. I then went back to the Chief with "I talked to my attorney and he suggested this ...", no surprise, the police agreed, I met those conditions and I got my full, unrestricted permit. They didn't seem to be very pissed off at all.

It doesn't necesssarily have to result in a long, drawn out, expensive court confrontation.

 

[LittleCalm]

Once, many years ago, Haverhill MA tried to restrict my renewal to 'target and hunting'. So, I got a free 15 minute consult with a good attorney and got some good advice. I then went back to the Chief with "I talked to my attorney and he suggested this ...", no surprise, the police agreed, I met those conditions and I got my full, unrestricted permit. They didn't seem to be very pissed off at all.

It doesn't necesssarily have to result in a long, drawn out, expensive court confrontation.

This is your only recourse. OTOH, they know you won't fight it in court b/c they will just remove the restriction, December at latest.

 

[Hoover]

No action today on the pending gun cases 2 mag limit cases (CA & NJ), an AWB (MD) and a carry case [HI)

Should be soon though. I believe there are still 4 opinions remaining too. So one more day of opinions

 

[Picton]

No action today on the pending gun cases 2 mag limit cases (CA & NJ), an AWB (MD) and a carry case [HI)

Should be soon though. I believe there are still 4 opinions remaining too. So one more day of opinions

Sooooo... tomorrow?

This is starting to sound like a QAnon posting from Fall 2020...

 

[1903Collector]

No action today on the pending gun cases 2 mag limit cases (CA & NJ), an AWB (MD) and a carry case [HI)

Should be soon though. I believe there are still 4 opinions remaining too. So one more day of opinions

Are these to be heard next term (hopefully) or did I really miss something current term?

 

[Picton]

Are these to be heard next term (hopefully) or did I really miss something current term?

Supreme Court - NYSRPA v. Bruen - Megathread

Monday at 9:30 SCOTUS will issue orders on the remaining 4 2A cases. 2 mag limit cases, an AWB case and the open carry case from Hawaii (George young’s story and the many years he has fought for his rights to be respected is very interesting. Similar to Otis McDonald in his fight against...

www.northeastshooters.com

 

[SteelShooter]

I think we lose the mag case, I don't think the SCOTUS can think in terms of why it's needed.

 

[Waher]

Damn SCotUS is slaughtering more sacred cows of the left this morning. Prayer is schools is now back voluntarily and its looking like the EPA & Administrative Rule Making [major blow to the Wilsonian Administrative State] is about to get shredded. So much red meat to grill up for MAGA month (aka July).

 

[pdm]

I think we lose the mag case, I don't think the SCOTUS can think in terms of why it's needed.

Wouldn't be so sure. If the standard held in Bruen is used against AWB/mag restrictions, I think they fall.

 

[pastera]

If the basic premise is that SBS aren't valid militia weapons, it wasn't even true in 39. We were using them in WWI, but nobody bothered to push that argument at SCOTUS because Miller was (IIRC) already dead.

Bruen eclipses the premise that a firearm need be or need not be a military weapon.
Miller should fall given the dicta in Bruen, McDonald and Heller

Edit to add my useless opinion of why Miller must fall:
Bruen calls out a standard above strict scrutiny - the state must show that a limitation is closely related to a historic limitation and is closely related to the state interest.

Items covered by Miller are available and the supply was not limited until 1986 however there is no significant history of the items contributing to illegal actions except for a simple prohibition of possession without the tax stamp. The state simply cannot justify the limitation. What could get us is the proliferation of Chinese giggle switches but that could be overcome by the fact that Miller is simply ineffective at its intended cause therefore doesn't overcome the burden to be narrowly tailored

 

[Mesatchornug]

Bruen eclipses the premise that a firearm need be or need not be a military weapon.
Miller should fall given the dicta in Bruen, McDonald and Heller

Agreed. I was just replying to the specifics (as I understood them) of her post. Hell, if the NFA necessarily falls, how can the Hughes Amendment continue to exist?

 

[DungeBerry63]

Call Comm2A.

What should I say I’m sorry new to this of course

 

[DungeBerry63]

Call Comm2A and FPC. SCOTUS said it’s a right to carry, a right delayed is an abuse no one should be subjected to

Any recommendations ?

 

[Hoover]

Sooooo... tomorrow?

This is starting to sound like a QAnon posting from Fall 2020...

Next opinion day is Wednesday but there isn’t another order day scheduled yet. Also if the order was ready, you’d think they would have issued it f today. Since they didn’t, there must be some discussion still which means they’ll talk about it at the next conference which also isn’t on the calendar yet

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[Waher]

Agreed. I was just replying to the specifics (as I understood them) of her post. Hell, if the NFA necessarily falls, how can the Hughes Amendment continue to exist?

If the NFA fails the ATF's existence would be in question and the Treasury should have to refund every penny they collected on NFA tax stamps, fees, and the like.