Supreme Court Rules Against New York Licensing Law

[XD-GEM]

https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

Link is to full opinion; 135 pages long.

Upshot is New York cannot require a "need" to issue a gun license. It also looks to me that this is a broader ruling than just New York. Justice Thomas wrote the opinion and corrects the various lower federal courts which applied their own test in addition to the rulings in the Heller and McDonald cases.

This is a huge win for gun rights

He also stated that the 2nd Amendment applied to "arms" that did not exist at the time of the writing of the Bill of Rights.

There's probably more, but I've only skimmed it.

 

[XD-GEM]

The important part:
"Held: New York’s proper-cause requirement violates the Fourteenth Amendment 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."

 

[Abby Normal]

I happened to see the breaking news on nbc & they were not happy. The anchors asked the lew expert “What can be done now?” New Taxes & limits on ammo and mags.
Get ready for the new ride, but the same old story.

 

[XD-GEM]

The opinion also made explicit that strict scrutiny must be applied to 2nd Amendment cases and laws.

It's a fairly scholarly piece, like the Heller case. One interesting tidbit: the government provided pistols to the teachers in schools for newly freed Blacks during Reconstruction.

 

[Fordfella]

So now all states are to become "shall issue" states?

 

[Old School]

Does this mean constitutional carry?

 

[machinedrummer]

Just means the states that don’t want you having a permit can’t deny for any made up reason but they can make it unaffordable to obtain. That’s just my opinion.

 

[Peacemaker]

I think it means that your right shall not be infringed. That is protection under the constitution. I believe strict scrutiny will allow law abiding citizens to carry concealed or otherwise for self-defense without harassment.

This is a big BIG WIN for gunowners!

This whole tax guns and ammo out of existence will fail also.

 

[warbay48_]

The opinion also made explicit that strict scrutiny must be applied to 2nd Amendment cases and laws.

It's a fairly scholarly piece, like the Heller case. One interesting tidbit: the government provided pistols to the teachers in schools for newly freed Blacks during Reconstruction

 

[greenbone]

What does it mean for Louisiana?

 

[hunter5567]

Now they need to review the Red Flag laws and deem them unconstitutional since it violates due process.

 

[frankinola]

This is good for the states like MA, NY, CA where you have to be 'connected' or 'show need' to a permit. this was the issue in LA before the state permit went into law. I does not 'do away with the permit process', that still stands. so if they fail to staff the office or fully fund it, they can delay permits.

 

[knitefall]

Should be felony to fake a red flag call also

 

[Horrible]

So now all states are to become "shall issue" states?

LOL. Sorry to be a Debby downer, but Who is going to make states like NY and MA comply? They don’t follow Heller, McDonald or FOPA, why would they follow this?

 

[Horrible]

Should be felony to fake a red flag call also

My understanding is that the legislation that the Senate will be voting on has no penalties for false reporting

 

[XD-GEM]

Does this mean constitutional carry?

The decision says that states may require a license. What they cannot do is impose an undue burden on getting that license. Much litigation is likely to follow when the gun control favoring states try to find a way around the ruling - just like they tried to find a way around Heller. What's interesting is that Justice Thomas specifically addressed the court's pique with those who disingenuously misread Heller. He made a point of stating what should have been obvious the first time.

 

[Sainte70]

I would like to see what this does, if anything, to the ATF overreach and the NFA rules

 

[XD-GEM]

California's AG has told agencies to drop the "good cause" requirement in light of the Court's ruling. He says that instead they should emphasize the "good moral character" clause in their permitting rules. This will likely be one of the first new challenges.

https://timesofsandiego.com/politic...use-requirement-for-concealed-weapons-permit/

 

[GunRelated]

Holy ****. When I first say the headline, I thought they "leaked" it anonymously or "accidentally"... No, they are owning it as a good deed to "keep communities safer"

REPORT: California AG Leaks Names, Addresses Of Gun Owners In The State

The California Attorney General's office leaked the named and addresses of thousands of gun owners across the state, according to reporting by The Reload.

dailycaller.com

 

[highstandard40]

Holy ****. When I first say the headline, I thought they "leaked" it anonymously or "accidentally"... No, they are owning it as a good deed to "keep communities safer"

REPORT: California AG Leaks Names, Addresses Of Gun Owners In The State

The California Attorney General's office leaked the named and addresses of thousands of gun owners across the state, according to reporting by The Reload.

dailycaller.com

Kinda makes them a target for burglary.