Two year old video but that's a crazy process.
It doesn't happen in MOST states. I suggest you look up Emily Got Her Gun, wherein reporter Emily Miller documented the multiple layers of hoops she had to jump through just to BUY a handgun in DC. It was exactly the sort of bureaucratic maze described in the previous post.Where does any of this happen in any other state? It does not happen in DC of all places or in CA.
That's probably exactly what will happen. But then the issue drops down to the next level, which is process. When you mention "permits," that implies a process for obtaining those permits. There's a host of procedural requirements that states could set up as roadblocks. (Training? Fees? Age? Residence? Insurance?) That's where the next legal battle will be fought. What procedural steps are "reasonable" and what are not?What happens if SCOTUS rules in favor of the 2nd Amendment and rules that state's cannot deny law abiding citizens conceal carry permits.
That basically makes the 2nd Amendment shall issue barring you're not a felon or a prohibited person.
Since the procedural requirements would vary from state to state, that would preclude national reciprocity on this basis.Thus you wouldn't need national reciprocity laws since the 2nd Amendment is your national reciprocity.
Yes -- NY law in this regard is very clear that the default is "no bearing arms," and that permitting is the exception. I see this as unconstitutional, but I'm not a lawyer, much less a Supreme Court Justice.I'm taking that viewpoint based on the case being brought.
That the NYS law bars bearing arms except by Permit. Therefore denying a Permit denies Bearing.
Remember that laws against shall issue carry were the law of most of the land until very recently in USA history. There wasn't a Constitutional uproar then. Whether it is constitutional or not depends, as Frank always says, on what the court says. Our personal views are worth what you paid for them, sadly........
Because judges and politicians ignore the simple and plain meaning of the law and case law. They disingenuously "interpt" a simple sentence to coincide with their ideology. They already have a conclusion that they're going to reach one way or another before the case is even heard.You think it is plain in its meaning. However, why are we still doing this, then?
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation
I think it is badly written as it gave the lower courts the chance to misinterpret it - granted that is deliberate. Yes, the decision and 2nd Amendment are being deliberately and willfully misinterpreted. They should have seen that coming in the Heller prose. I know it was compromise as Kennedy was hoodwinked into weakening the decision by Stevens....
Look at the 13th Amendment:
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation
No wiggle room for slavery as in the 2nd and Heller for those want to oppose the RKBA.
Because the Republican appointed justices realize that faith in the judiciary is as low as it has ever been among the Right, so they're virtue signaling. "Hey, we didn't take up any cases dealing with the election, but don't worry, we're still good! Here ya go we'll get you some more gun rights, but this only applies to like 8 states and doesn't affect most of you who have lost faith in us, but whatever!"Question for the naysayers. Why do you believe they would finally take this case after punting all others for a decade or so if they weren't planning on ruling in our favor?
I think the lifetime Conservative appointees have demonstrated that they're going to vote how they see fit regaurdless of how we feel about it. I'd bet the election results are the farthest thing from their minds.Because the Republican appointed justices realize that faith in the judiciary is as low as it has ever been among the Right, so they're virtue signaling. "Hey, we didn't take up any cases dealing with the election, but don't worry, we're still good! Here ya go we'll get you some more gun rights, but this only applies to like 8 states and doesn't affect most of you who have lost faith in us, but whatever!"
Unless this leads to permitless carry in all 50 states, it's a pretty pathetic attempt by SCOTUS to throw the Right a bone thinking them dealing with such a narrow gun rights issue is going to win us back.
They proved that years ago when they voted to impose sales taxes on internet sales in the South Dakota v Wayfair case when it should have been left up to the Congress to make that decision. The Supreme Court is largely a statist, pro big government entity now and they make decisions based on what will not bring much heat on them by the media.I think the lifetime Conservative appointees have demonstrated that they're going to vote how they see fit regaurdless of how we feel about it. I'd bet the election results are the farthest thing from their minds.
I agree that they simply should keep ignoring all 2A cases. Seems they're getting more grief, push back, and complaints from the vocal Right when they take one up vs when they ignore them. If I had my way, I'd have them drop the case, and allow the lower ruling to stand just to quiet the naysayers and those who are complaining more than the Liberals over them taking the case. Both Liberals and at least the gun owners on this forum will be upset if/when they rule in our favor, so it's pointless for them t even take the case IMHO.
Exactly. This is a French essay written by Frédéric Bastiat in the 1850’s that essentially explains what is going on now. As discussed in many of our posts, we’ve given away the power to read, think, and interpret, to those that claim we are unable to do so. As it pertains to the 2A, it seems the issue started around the ‘34 GCA. Creeping Incrementalism.Here's my hot take:
Looking at this in terms of an Overton window along the axis from "infringed" to "uninfringed", legislation since at least 1934 has been incrementally shoving the window to the "infringed" side. Heller and McDonald did much to stop that movement, but didn't reverse it.
I'm hopeful that NYSR&PA will push the window back one step, but think it's probably naive to expect much more than that.
I agree that they are pro big business which is why Trump appointed them. Trump, Republicans in Congress, and SCOTUS are all pbig business, and they've been very successful in brainwashing Conservative voters to support their big business agenda and the rights of the rich to their own detriment.They proved that years ago when they voted to impose sales taxes on internet sales in the South Dakota v Wayfair case when it should have been left up to the Congress to make that decision. The Supreme Court is largely a statist, pro big government entity now and they make decisions based on what will not bring much heat on them by the media.
I think at the very least the three Trump appointed justices are trying to save face because they've told 70+ million people after the election last year to pound sand, that state supreme courts can change election laws at their leisure.
In regards to this cases tho and all 2A cases, if what SCOTUS rules is a person cannot be denied because they lack a reason for seeking a carry license, I'll take it. We're talking about probably 70 million people in states that have a may issue system on the books, some of which are de facto no issue or are so complex they may as well be no issue and those people will have a chance to obtain a license to carry. Of course, I'm not going to like the ridiculous qualifications these states mandate one passes to get the license, but some chance is better than no chance.
That said, you know as well as I do that the Founders intention was that people should be able to carry loaded guns for self defense with them without having to get permission from a government first or if they crossed state lines while carrying a pistol that they needed to be licensed by the states they were traveling/visiting in beforehand so they could do it legally.
Just my worthless opinion but, It is never pointless to try do the"right" thing, it may seem like it and the result may be but trying is is not.Both Liberals and at least the gun owners on this forum will be upset if/when they rule in our favor, so it's pointless for them t even take the case IMHO.