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    Supreme Court takes up NRA Case

    Supreme Court Takes Up Major NRA-Backed Gun Rights Case
    BY JACK PHILLIPS April 26, 2021 Updated: April 26, 2021biggersmaller Print
    The Supreme Court on Monday decided to take up a major, National Rifle Association (NRA)-backed lawsuit that challenges a New York law restricting an individual from carrying a concealed handgun in public.

    It has been more than 10 years since the Supreme Court weighed in on a significant case involving the Second Amendment, coming in the wake of President Joe Biden’s and top Democrats’ recent push for more gun-control initiatives including bans on so-called “ghost guns,” proposing models for “red flag” laws, and expanding and lengthening background checks.

    “The petition for a writ of certiorari is granted limited to the following question: Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment,” reads a brief order (pdf) from the high court on Monday.

    Over the years, the NRA and other gun rights groups have criticized the Supreme Court for not taking up any major lawsuits relating to the Second Amendment. In 2008, the court said for the first time that the Second Amendment protects Americans’ rights to keep and bear arms for self-defense at home.

    Supreme Court Justice Clarence Thomas, considered possibly the most conservative justice, wrote several years ago that courts have engaged in a “general failure to afford the 2nd Amendment the respect due an enumerated constitutional right.” Going further, he wrote: “If a lower court treated another right so cavalierly, I have little doubt that this court would intervene … The 2nd Amendment is a disfavored right in this court.”

    Justice Brett Kavanaugh, after the court dismissed a gun case last term, wrote in early 2020 he hopes the court will take up a Second Amendment-related challenge in the near future, writing: “The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”

    On Monday, the NRA praised the court for taking up the legal challenge, describing it as a case that challenges “New York’s restrictive concealed-carry-licensing regime,” noting that it sets up the stage “for the Supreme Court to affirm what most states already hold as true, that there is an individual right to self-defense outside of the home.”

    The case, according to the gun rights group, challenges New York state’s requirement that applicants for pistol permits show “proper cause” to carry a gun, which they argue violates the Second Amendment to keep and bear arms.

    “The NRA believes that law-abiding citizens should not be required to prove they are in peril to receive the government’s permission to exercise this constitutionally protected right,” the group wrote, noting that if the Supreme Court rules favorably, it will “affect the laws in many states that currently restrict carrying a firearm outside the home.”

    Robert Nash and Brendan Koch, the two men who brought the lawsuit, both applied for licenses to carry handguns in New York state for self-defense but were denied. A district court later said that neither had proper cause to carry a handgun because they did not face “any special or unique danger to [their] life.”

    New York Attorney General Letitia James, a Democrat, wrote in a legal brief calling on the Supreme Court not to grant the case, saying the state law is consistent with prior rulings.

    James said that New York’s law was “supported by a centuries-old tradition of state and local measures regulating the carrying of firearms in public” and existed in the same essential form since 1913. “New York’s law directly advances the State’s compelling interests in protecting the public from gun violence,” she said.

    The Epoch Times has contacted James’ office for comment.

    The court is expected to take up the case during the next term.

    The case is: New York State Rifle & Pistol Association v. Keith Corlett, No. 20-843.

    #2
    6-3.

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      #3
      The Decision should be favorable to the NRA. This will then be utilized as an example as to how the court is not representative of the people (it shouldn't be--the Court applies the Constitution) and will be asserted as a reason to pack the court.

      Comment


        #4
        Originally posted by Charrison View Post
        6-3.
        Not with liberal John Robert’s! 5-4

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          #5
          Hopefully this will open the door to Constitutional carry for all Americans

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            #6
            Originally posted by Capt.Brown View Post
            Not with liberal John Robert’s! 5-4
            Might be correct but... A win's a win!

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              #7
              I'm glad this will be heard, however i'm nervous about the outcome.

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                #8
                Worth tracking!

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                  #9
                  I don't think Roberts is liberal. If anything he's centrist. He does tend to hesitate overturning prior court rulings, but I don't know of one in the past that this case touches on.

                  6-3 or 5-4. Either way, the second amendment wins.

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                    #10
                    Its kinda funny that some here like Trophy8 and Quackwhacker hate the NRA and espouse the faux 2A outfits like the GOA, etc. The NRA is the best at protecting our 2A, bar none. Any money donated should go to the NRA.

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                      #11
                      Originally posted by AntlerCollector View Post
                      Hopefully this will open the door to Constitutional carry for all Americans
                      That would be OK but I kind of doubt it.

                      If the men win their case, I think it will be a narrow decision to mandate “shall issue” a handgun license or permit.

                      I have read hundreds of court cases and many (or most) times they rule only on the question in front of them. I have not read the briefs in this case however it appears that the question in front of the Supreme Court will be, does a person applying for a license to carry a handgun have to show a good cause. The New York state law in question says that on an application for a concealed carry permit, the person must show a valid reason. The men are contesting why they have to show a valid reason.

                      I could see SCOTUS saying that is unconstitutional to require a person to show a reason to carry but will not strike down a state mandated background check and/or school.

                      While it is not quite what people call Constitutional carry, it is a huge step for states like New Jersey, New York and California which pretty much deny a person the ability to carry handgun for any reason.

                      The bottom line is that when SCOTUS makes rulings they usually answer the question in front of them only and don’t branch out into “what ifs”. I have read cases where they ruled against a person however they noted in the decision that had they been asked a different question, the results might have been different. In other words, we saw a pretty good argument that might have won your case but you never made that argument.

                      I absolutely hope this case goes in favor of the men bringing the lawsuit against New York and I think it would be a landmark decision if it goes favorably. I do not think it will quite get to the level of constitutional carry nationwide. Without reading the case yet, I am just guessing but the men only want the right to be issued a permit. If that is true that is all the ruling will be on.

                      In my opinion....

                      Comment


                        #12
                        Originally posted by AntlerCollector View Post
                        Hopefully this will open the door to Constitutional carry for all Americans

                        We can’t get Constitutional carry in Texas. The guys will win their case but the SC isn’t about to go that far. They rule on the specifics of the case in front of them.


                        Sent from my iPhone using Tapatalk

                        Comment


                          #13
                          What part, don't they understand, Shale not be infringed................

                          Comment


                            #14
                            Originally posted by sailor View Post
                            What part, don't they understand, Shale not be infringed................
                            It’s already been infringed .

                            Comment


                              #15
                              Originally posted by Huggybear View Post
                              It’s already been infringed .
                              Yup. NFA list of restricted items being exhibit 'A'

                              Sent from my SM-G986U using Tapatalk

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