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Thread: NYSRPA v. Bruen Oral Argument

  1. #181
    Site Supporter rdtompki's Avatar
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    Is there a stretch reading of this that helps our compatriots in CA with the ridiculous roster which, essentially, affords CA resident the ability to purchase firearms generally in "uncommon" use having been obsoleted by advances in the art. Of course they still go "bang" so there's that.

  2. #182
    Deadeye Dick Clusterfrack's Avatar
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    Quote Originally Posted by joshs View Post
    Categorical bans on types of arms have no historical analogues from the founding era.
    Quote Originally Posted by BillSWPA View Post
    I am basing this prediction on the language about weapons in common use. If I understand correctly, AR-15 type rifles are currently the single most popular rifles the US. Both rifles and handguns with magazines greater than 10 rounds are now quite common. Furthermore, the standard of review is now much more favorable to us.

    If I recall correctly, even before this ruling, a panel of 9th Circuit judges found that a 10 round limit was unconstitutional, although I believe I recall that panel being reversed en banc. With the country’s most liberal circuit producing that ruling even temporarily under the previous cases, I would expect good results under today’s ruling. As with any prediction, we don’t know until we see the challenges, but we appear to be in a much stronger position.
    Thanks. This is truly excellent.
    “There is no growth in the comfort zone.”--Jocko Willink
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  3. #183
    Delta Busta Kappa fratboy Hot Sauce's Avatar
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    Quote Originally Posted by Glenn E. Meyer View Post
    Several counties have (for NY) liberal permitting and folks carry. We have carry gun USPSA matches. Never seen OC as most think it is illegal but there is one guy on the NY state forums that claims it is legal and does it around where I live. Never seen it. The carry options in really uptight places like NYC will be interesting. The odds of accidental exposure and penalties for such - who knows? I wonder if the new law means that the state permit will be valid in NYC? If I were to carry in NYC, I think I would pocket carry despite the great 5 is enough debate for avoid someone detecting a belt gun.

    Interesting times ahead. I read that DC has a tremendous list of sensitive places. Like I said, sensitive places should only be on technical grounds. Give up the private MUH RIGHTZ BS for a store open to the public. Your rights to have a store don't trump my rights for self-defense. I don't bother you if I carry in a store. Concealed vs. open that's for another day. Open is stupid but legal is different.
    I've read commentary from both NYC Mayor and transit administration officials intending to label the NYC subway as one big sensitive place. AFAIK more than half of NYC's population takes the subway daily. Denying them the ability to get around would be equivalent to saying in a rural area that you can carry so long as you don't do it in your vehicle.

    EDIT: Just read another NYC city council Speaker's proposal to label any place with >10,000 people per square mile a sensitive place, in other words all of NYC, as well as any area within 1000 feet of mass transit, hospitals, parks, government buildings, schools, child care facilities, places of worship, cemeteries (LOL!), financial institutions, theaters, bars, libraries, homeless shelters, and courts.
    Last edited by Hot Sauce; 06-23-2022 at 08:30 PM.
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  4. #184
    Site Supporter Sero Sed Serio's Avatar
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    Quote Originally Posted by revchuck38 View Post
    Question for the attorneys among us: While the relevant NY law has been declared unconstitutional, what is the status of similar laws in other states? Do those laws have to be challenged at the state level and remain in force until struck down?
    States may proactively amend their laws via legislative process to comply with NYSRPA ruling, and the agencies that issue permits may likewise make changes to their administrative processes. Otherwise, individuals with standing will have to bring cases before the courts in those states, which will make rulings about whether the current or new laws comply with this ruling. Given the response so far, I would expect places like NY, NJ, CA, HI, MA, etc. etc. to have to be dragged kicking and screaming into compliance, and even then they will throw up whatever roadblocks they can.

    I agree with the previous posters that the next fight will be about "sensitive places." I also suspect that anti-gun states' "shall issue" requirements are going to be extremely stringent. Look for arguments like a DUI conviction demonstrates a level of recklessness that precludes a person from being entrusted with a weapon, and things like that. Except that instead of being done on a case-by-case basis like it is now, it will be codified into the requirements for that particular state's permit.

    All that being said, today's ruling was a huge win for us.

  5. #185
    Quote Originally Posted by Glenn E. Meyer View Post
    Several counties have (for NY) liberal permitting and folks carry. We have carry gun USPSA matches. Never seen OC as most think it is illegal but there is one guy on the NY state forums that claims it is legal and does it around where I live. Never seen it. The carry options in really uptight places like NYC will be interesting. The odds of accidental exposure and penalties for such - who knows? I wonder if the new law means that the state permit will be valid in NYC? If I were to carry in NYC, I think I would pocket carry despite the great 5 is enough debate for avoid someone detecting a belt gun.

    Interesting times ahead. I read that DC has a tremendous list of sensitive places. Like I said, sensitive places should only be on technical grounds. Give up the private MUH RIGHTZ BS for a store open to the public. Your rights to have a store don't trump my rights for self-defense. I don't bother you if I carry in a store. Concealed vs. open that's for another day. Open is stupid but legal is different.
    You are correct on DC and the list of “sensitive places”. I live just over a half hour into VA, and have a SIL in DC. When DC became shall issue, I looked into what it would take. There were multiple hoops to jump through as far as training and firearm registration, but the list of places I couldn’t carry, which included public transportation, killed any value for me.

    One of the places I would WANT to carry is on the Metro.

    Clearly for residents of DC having the ability to obtain a permit, even with a ton of restrictions, is better than no permit. But DC clearly took effort to make the process as unfriendly and difficult as possible.

    Which is what I expect for NYC.

  6. #186
    Site Supporter ccmdfd's Avatar
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    Got an idea for a new drinking game.

    1. Everyone should raise a glass in celebration!

    2. Peruse the MSM and take another drink anytime you see/hear "century old law" mentioned.

    3. Double shot for "invalidating gun safety laws"

  7. #187
    Site Supporter OlongJohnson's Avatar
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    Quote Originally Posted by ccmdfd View Post
    Got an idea for a new drinking game.

    1. Everyone should raise a glass in celebration!

    2. Peruse the MSM and take another drink anytime you see/hear "century old law" mentioned.

    3. Double shot for "invalidating gun safety laws"
    It's only Thursday.
    .
    -----------------------------------------
    Not another dime.

  8. #188
    https://www.wsj.com/articles/winning...026132?mod=mhp

    Winning Lawyers in Supreme Court Gun Case Leave Firm
    Partners Paul Clement and Erin Murphy depart Kirkland & Ellis after it says it won’t take any more Second Amendment cases
    Likes pretty much everything in every caliber.

  9. #189
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    Quote Originally Posted by GJM View Post
    https://www.wsj.com/articles/winning...026132?mod=mhp

    Winning Lawyers in Supreme Court Gun Case Leave Firm
    Partners Paul Clement and Erin Murphy depart Kirkland & Ellis after it says it won’t take any more Second Amendment cases
    Paul and Erin are awesome to work with. We certainly look forward to working with them in the future.

  10. #190
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    Quote Originally Posted by GJM View Post
    https://www.wsj.com/articles/winning...026132?mod=mhp

    Winning Lawyers in Supreme Court Gun Case Leave Firm
    Partners Paul Clement and Erin Murphy depart Kirkland & Ellis after it says it won’t take any more Second Amendment cases
    So are Krikland & Ellis afraid they’ll anger the “masses” if they take anymore pro gun cases?, unfortunately I can’t read the paywalled article.

    Also, while I doubt there is a chance of a vote happening in Congress anytime #soon, I do expect to begin to see a harder push on voting to repeal or amend the second amendment over the next few years.

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