Gun Control & RKBA
Related: About this forumSo last I read...
Young v Hawaii was on hold pending the decision on New York State Rifle & Pistol Association, Inc. v. City of New York. IIRC NYCR&P is waiting for SCOTUS to hear argument this Fall but the date is not yet set. Has anyone heard any new info having bearing on either of those?
hlthe2b
(107,265 posts)Link to tweet
https://www.washingtonpost.com/politics/courts_law/new-york-eased-gun-law-hopeful-supreme-court-would-drop-second-amendment-case--but-that-hasnt-happened-yet/2019/08/10/9031682e-bab6-11e9-a091-6a96e67d9cce_story.html
Courts & Law
New York eased gun law hopeful Supreme Court would drop Second Amendment case but that hasnt happened yet
As the nation renews debate over gun control, the Supreme Court must decide whether to press ahead with a Second Amendment case it has accepted for the coming term, its first in a decade.
Gun-control groups operate under a no-news-is-good-news approach to the Supreme Court, leery of giving what they view as a strengthened conservative majority the chance to expand gun rights and weaken restrictive laws.
In New York State Rifle & Pistol Association v. City of New York, which the court accepted in January, the city and state of New York appear to agree. They have essentially surrendered, changing the restrictions at issue even though the city successfully defended them before a district judge and a federal appeals court.
New York says it has given those who hold licenses to have guns on their premises exactly what they asked for a greater ability to transport their weapons through and outside the city and there no longer is a controversy for the Supreme Court to settle.
New legislation or regulations giving plaintiffs all they seek moots the case, wrote Zachary W. Carter, corporation counsel for New York City. He cited Chief Justice John G. Roberts Jr.s dissenting opinion on a mootness question in an unrelated case in 2016, in which he said the court may not rule on a plaintiffs entitlement to relief simply because he wont take yes for an answer.
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discntnt_irny_srcsm
(18,603 posts)Alea
(706 posts)This isn't the first time NY weaseled out of a court case on gun laws they thought they might lose. There's also a reason there's only 10 or less percent compliance with the safe act but very few people are being arrested and prosecuted. They're afraid of their unconstitutional law being challenged in higher courts.
discntnt_irny_srcsm
(18,603 posts)I don't know if that bears on the decision of SCOTUS to proceed or not.
Based on my degree from the internet university/Google school of law, all I can say is who knows.
Lucid Dreamer
(589 posts)to answer every question with a sentence that begins, "It depends..."
Alea
(706 posts)FBaggins
(27,861 posts)Senator Whitehouse's conclusion after pushing the mootness case:
discntnt_irny_srcsm
(18,603 posts)FBaggins
(27,861 posts)Of course... the ruling was three republican judges.
From a political perspective, the en banc 9th has a tough decision to make that isn't unlike what NY has been facing. If they overturn, they give the Supreme Court the ability to make law for the whole country. But can they take a narrow loss that's still big enough to moot the case? I haven't read the law in question or anything but a summary of the panel decision, so I couldn't guess. Other states have shifted to "will issue" in order to moot a case and avoid a national shift... but I'm not sure Hawaii has the will to do so either.
From a constitutional perspective? I'd say that carrying in public is a constitutional right... but not one so fundamental that the government cannot enact reasonable restrictions. I'd put it right on the cusp between intermediate and strict scrutiny and state that in most cases, the government has a sufficient enough governmental interest to survive either test. So the question comes down to how narrowly tailored the law must be in trying to achieve that end and/or whether it is substantially related to the interest. My (admittedly limited) understanding is that Hawaii is a "may issue" state that is effectively "no issue". I doubt they could survive an as-applied challenge if that's the case... would pass a facial challenge in the 9th en-bank... and would fail with SCOTUS.