Supreme Court expands gun rights in major Second Amendment ruling

[Fenris]

via The Hill

Supreme Court expands gun rights in major Second Amendment ruling

BY JOHN KRUZEL - 06/23/22

The Supreme Court struck down a New York state law that made it difficult to obtain a handgun carry permit, marking the justices’ first major opinion on Second Amendment rights in more than a decade.

The 6-3 decision to invalidate New York’s law throws into question the legality of similar restrictions in more than a half dozen other states that give licensing officials wide discretion over concealed carry permitting.


The ruling broke along ideological lines, with the court’s six conservatives joining a majority opinion written by Justice Clarence Thomas.

The court’s three liberals, in dissent, accused the conservative majority of failing to consider “the potentially deadly consequences of its decision.”

The ruling comes after recent mass shootings reignited a wrenching debate over how to balance a constitutional right to bear arms with Americans’ concerns for personal safety in a country with more than 390 million privately owned firearms.

The opinion builds on the court’s last major gun rights decision more than a decade ago. In a 2008 case called District of Columbia v. Heller, a 5-4 court ruled that the Constitution protects an individual’s right to keep a gun in the home for self-defense. The court in Heller noted that the Second Amendment is “not unlimited,” but left unanswered what restrictions are constitutionally allowed.

[RabbiKnife]

Just finished reading the opinion.

The dissent is all about "how we feel and the poor children and guns bad."

Alito filed a concurring opinion that calls out the dissent and just eviscerates them.


Short version:  All of the 43 states that currently have laws that says the state "shall issue" concealed carry permits are perfectly constitutional, even with reasonable waiting periods, reasonable firearms safety training, not in certain areas, etc.

The six states plus NY that have "may issue" concealed carry permits are laws that are not constitutional.

Since the next attacks will be on requiring ridiculous insurance policies as an imposition in this 7 states, the Court even took a swipe at old "surety" laws, saying that anything that unreasonably restricts right to carry is unconstitutional.

Two things are obvious in both this opinion and in the leak of Justice Alito's first draft in the abortion case.
1.  The division between left and right on this court is profound, and the rhetoric used in the written opinions is getting more and more cutting and sharp.
2.  The conservative wing of the court is definitely flexing its muscle, even to the consternation of the Chief Justice, and the opinions are very long, very analytic, very detailed, very nuanced, and obviously supplying a lot of dicta and rationale for conservative lawyers and judges to use in the future as the philosophical and legal analysis framework for future lawsuits and decisions.

[Fenris]

  The conservative wing of the court is definitely flexing its muscle, even to the consternation of the Chief Justice, and the opinions are very long, very analytic, very detailed, very nuanced, and obviously supplying a lot of dicta and rationale for conservative lawyers and judges to use in the future as the philosophical and legal analysis framework for future lawsuits and decisions.

Hooray!

[Slug1]

Since the next attacks will be on requiring ridiculous insurance policies as an imposition in this 7 states,

NY allows no firearm insurance so at least here, this route will not be taken. However, its out now what route NY is taking and it's going to be even harder to get a CCW and even ammo come September 1st.

[Fenris]

NY allows no firearm insurance so at least here, this route will not be taken. However, its out now what route NY is taking and it's going to be even harder to get a CCW and even ammo come September 1st.

Extremely strict rules on where firearms can be carried. Bizarrely, they did not exempt retired law enforcement from the new rules.

A ban on carrying firearms in "sensitive places", including New York City's Times Square - but also schools, universities, government buildings, public protest venues, healthcare facilities, places of worship, libraries, playgrounds, parks, bars, theatres, stadiums, museums, polling places and casinos

People will not be allowed to take guns into any business or workplace unless owners put up signs saying guns are welcome

Those applying for a license will have to provide four character references, take firearms safety training and practice shooting, undergo periodic background checks and turn over contact information for their spouse, domestic partner or any other adults living in their household

Applicants will have to turn over a list of social media accounts they have had in the past three years


The places of worship ban is especially troubling. Synagogues are already a target and now they'll be defenseless.

[Slug1]

NY allows no firearm insurance so at least here, this route will not be taken. However, its out now what route NY is taking and it's going to be even harder to get a CCW and even ammo come September 1st.

Extremely strict rules on where firearms can be carried. Bizarrely, they did not exempt retired law enforcement from the new rules.

A ban on carrying firearms in "sensitive places", including New York City's Times Square - but also schools, universities, government buildings, public protest venues, healthcare facilities, places of worship, libraries, playgrounds, parks, bars, theatres, stadiums, museums, polling places and casinos

People will not be allowed to take guns into any business or workplace unless owners put up signs saying guns are welcome

Those applying for a license will have to provide four character references, take firearms safety training and practice shooting, undergo periodic background checks and turn over contact information for their spouse, domestic partner or any other adults living in their household

Applicants will have to turn over a list of social media accounts they have had in the past three years


The places of worship ban is especially troubling. Synagogues are already a target and now they'll be defenseless.

Yep. Waiting for a judge to stand up and point out how infringement increased. Meaning, criminals and madmen will have more freedom to do evil.

Few more months, praying for the election in November to wipe all blue off the ticket.

[Fenris]

What NY did was basically a giant middle finger towards the supreme court. They said, sure, we'll stop asking people do display cause to exercise their second amendment rights. Instead we'll create some onerous process for them to get a permit. And for those who can jump through all the hoops, we'll make sure they can't bring their weapon anywhere anyway.

[RabbiKnife]

Where is Snake Pliskin when you need him?

I smell an injunction coming in the air tonight, oh Lord…

[Athanasius]

Where is Snake Pliskin when you need him?

I smell an injunction coming in the air tonight, oh Lord…

Still waiting to escape from Earth, I hear...

[Fenris]

This will end up back in court again at some point.

[Slug1]

Where is Snake Pliskin when you need him?

I smell an injunction coming in the air tonight, oh Lord…

YES, praying that a (many) judges stand up against increased restrictions.

For the record, not all of NYS is so strict. I happen to live in a county that is known as a 2A sanctuary and on my app, I specifically wrote: "For sporting use and defense of family, friends, and self."

The deputy sheriff who did my "in person" interview simply said, "concise reason," and went on with the rest of the interview. No problem at all except it took... drum role... 22 months!! There was only ONE deputy doing all the apps, all the investigation background checks and in person interviews, finger printing, photographs etc. She was doing it all for the entire county. Yeah, was WAY behind. She mentioned a "task-force" was in the works due to the backlog.

Soon after I was issued my CCW, the county hired on retired police and developed this task force. I told friends of mine (who were discouraged due to my experience) to submit for their CCW NOW.

Took them 3 months.

[Fenris]

For the record, not all of NYS is so strict.

NYC is impossible.

The pistol licensing division sends all its cops to summer "all out" (working overnights in the worst neighborhoods in the city) so any application submitted after Memorial Day won't even get looked at until October. 

I was mistaken about one thing. I read over the bill and it does exempt retired law enforcement from almost of its provisions.  Of course getting a permit in the first place will still be a hassle. Although retired cops have the work around of LEOSA.

[Slug1]

For the record, not all of NYS is so strict.

NYC is impossible.

The pistol licensing division sends all its cops to summer "all out" (working overnights in the worst neighborhoods in the city) so any application submitted after Memorial Day won't even get looked at until October. 

I was mistaken about one thing. I read over the bill and it does exempt retired law enforcement from almost of its provisions.  Of course getting a permit in the first place will still be a hassle. Although retired cops have the work around of LEOSA.

I wonder how "shall issue" evolves in the city. It would be great if retired military had some leniency.

[Fenris]

I wonder how "shall issue" evolves in the city. It would be great if retired military had some leniency.

You should, right?

[Arikel88]

This will not change , things will get hard for american to hold their rights. They more economies and more jobs to enable a better world of your rights and keep the constitution first.