NY RIFLE AND PISTOL VS BRUEN SCOTUS OPINION DROPPED

[Haskell_Hunter]

1 minute ago, vdep217 said:

Correct me if I'm wrong but scotus is the final decision

It is, but that doesn't mean the states won't impose other burdens.

[mazzgolf]

4 minutes ago, thefirstndsecond said:

I have not read the decision yet. 

The majority opinion is a tour-de-force  

However, SCOTUS leaves open the possibility for states to retain the ability to issue CCW permits (just not with the onerous "may-issue") - so I predict NJ will just make the process as hard as possible (e.g. wait 6 months, pay for your own background checks, pay $1,000 every 4 years to renew it, yadda yadda)... so yeah, this isn't a magical "horray! NJ will allow carry"... there will be barriers put in place by the anti-gun liberals that run this state.

[Haskell_Hunter]

Quote

In District of Columbia v. Heller, 554 U. S. 570 (2008), and McDonald v. Chicago, 561 U. S. 742 (2010), we recog- nized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense. In this case, petition- ers and respondents agree that ordinary, law-abiding citi- zens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a hand- gun for self-defense outside the home.

Booyah!

[Batsto]

Very interesting! Gov Murphy must be shocked. 

[thefirstndsecond]

Outside the home and specifically a hand gun are huge!

[Bucksnbows]

They sent a stern message that ALL Constitutional rights are equal and that the 2nd Amendment isn’t some bastard step child. It may have repercussions even beyond the Second Amendment as history marches forward.

[thefirstndsecond]

Here's to hoping!

You know here come the mag bans, the type of gun bans, etc.. 

Those states will do anything they can to keep their subjects in line. The fight is far from over but I do have a good feeling in all of this mess.

One of my buddies mentions something about incorporating it to all the states? Right now it only applies to NY?

[vdep217]

1 minute ago, thefirstndsecond said:

Here's to hoping!

You know here come the mag bans, the type of gun bans, etc.. 

Those states will do anything they can to keep their subjects in line. The fight is far from over but I do have a good feeling in all of this mess.

One of my buddies mentions something about incorporating it to all the states? Right now it only applies to NY?

Supreme Court made the ruling states will have to align.   It's not like the 9th circuit.   But I'm sure nj will make us have classes training etc

[Batsto]

I would think if liberals set up unrealistic barriers, it opens up discrimination lawsuits. Interesting times! 

[mazzgolf]

4 minutes ago, thefirstndsecond said:

One of my buddies mentions something about incorporating it to all the states? Right now it only applies to NY?

Correct. This only strikes NY's law. NJ law still stands. It requires someone to challenge NJ's law now, or for NJ to remove the law from the books.

NJ police can still arrest and prosecute people for carrying that do not have a NJ carry permit. That person could then argue in court that their arrest/prosecution violates their constitutional rights - but this time they now have a SCOTUS ruling to point to.

Or, you can appeal to the courts if you apply for a carry permit and are denied (which you will be in NJ). And in your appeal, you point to this SCOTUS ruling which would presumably then strike the law.

In other words, it isn't like you can all of a sudden start carrying in NJ today. Some more things have to happen.

Edited June 23, 2022 by mazzgolf

[thefirstndsecond]

Just now, mazzgolf said:

Correct. This only strikes NY's law. NJ law still stands. It requires someone to challenge NJ's law now, or for NJ to remove the law from the books.

NJ police can still arrest and prosecute people for carrying that do not have a NJ carry permit. That person could then argue in court that their arrest/prosecution violates their constitutional rights - but this time they now have a SCOTUS ruling to point to.

In other words, it isn't like you can all of a sudden start carrying in NJ today. Some more things have to happen.

I would guess that since NJ is a may issue state that if someone applies for the permit and is denied, that this case would apply?

[mazzgolf]

Just now, thefirstndsecond said:

I would guess that since NJ is a may issue state that if someone applies for the permit and is denied, that this case would apply?

Yeah, I just edited my last post to mention that! Yes, that's how I see it too.

[Eyesofthewoods]

55 minutes ago, Pathman said:

I just listened to some legal minds on Fox and they explained the 2A a bit differently then I’d ever heard. 
Apparently the 2A doesn’t guarantee us the right to keep and bear arms, that’s an inherent right, the 2A is meant to stop the government from impeding that right. 

That’s kind of the way I’ve always seen it too.  It’s not a constitutional right or privilege to me.  It’s a god given right.  As a man We only have to answer to god and not another man or government.  

[Batsto]

Some neat opinions in this article

https://www.cnn.com/politics/live-news/new-york-gun-law-supreme-court-decision/index.html

[thefirstndsecond]

1 hour ago, Pathman said:

I just listened to some legal minds on Fox and they explained the 2A a bit differently then I’d ever heard. 
Apparently the 2A doesn’t guarantee us the right to keep and bear arms, that’s an inherent right, the 2A is meant to stop the government from impeding that right. 

That is right. Some of us in PA have been trying to say this to people in NJ. The constitution does say what we can do, it limits the government. We have these right as provided from birth, not because of a piece of paper. 

 

The NY Gov. is already responding that they deserve the right to rule their states.