Supreme Court dismisses second amendment case.

https://www.cnn.com/2020/04/27/politics/supreme-court-second-amendment-case-new-york/index.html

Thank god, not only did they refuse to set strict scrutiny (saving lives by not doing that) to the second amendment, they just put in a GIANT loophole that if a law is repealed it can't be ruled on.

If I get into the legislature I will abuse that loophole and I hope other states do as well!

Just put a simple clause into each gun law.

"This legislation, at such time when a case shall be filed against the law, and when the supreme court shall decide to hear the case, shall automatically be repealed and become null and void"

 

NYC has a Liberal Democrat superMajority of 94% so the people have spoken and the sorry few can go somewhere else if they want guns.

 

New Yorkers must've never heard of a good guy with a gun stopping a bad guy with a gun.
I wouldn't like feeling defenseless maybe something like this would be wise to have.

 

gun rights activists won!!!

they won the case and didnt have to pay lawyers for SCOTUS hearings

 

what win? it was dismissed and with a loophole that just repeal and they won't here it.

 

gun rights advocates wanted the right to bring their guns to anywhere in the state to hunt, target practise or to protect their second home.

they won those rights.

its a victory for them

 

what's stopping NYS or other states from just putting this into the next law?

"This legislation, at such time when a case shall be filed against the law, and when the supreme court shall decide to hear the case, shall automatically be repealed and become null and void"

They can just keep passing new laws and eventually the supreme court will get fed up and stop.

 

this is the first time NY has every done this with a gun law.

most of our other laws have stood their ground, including AWB, gun purchase limits, magazine limits, background checks, etc etc.

point is, the gun advocates won!!!!

 

Isn't this just the same thing as McDonald v City of Chicago?

The 2nd amendment is already subject to the strict scrutiny standard like other fundamental individual rights, as per DC v Heller.

I also think your plan isn't so ironclad. Kavanaugh for instance sided with the majority but said inferior courts are clearly flouting Supreme Court precedent and the issue will have to be addressed if they keep pushing it.

As much as I disagree with it, the Supreme Court is the most powerful single entity in the US government and if you piss them off you have effectively no recourse.

 

Are 94% of them against gun ownership?

 

yes

 

meanwhile NYC has at least 60,000 gun owners, I am one of them.

 

due to this case being filed and NYC agreeing to concede to the plaintiff's demands, gun rights in NYC have been expanded.

the plaintiff won!!! gun rights activists should be happy.

 

im glad that gun rights in NYC were expanded, due to this case.

still waiting for the AWB to be appealed to Supreme court.

 

So about 7% of the population.

Not going to happen, they have been on the books since 1994.

 

SAFE Act is reletively new

 

2013 is not very new, its as old as the MD AWB

 

anyways, gun rights activists in NY won!!!

 

Could I see the study that motivated your wild guess?

 

The position on the part of yourself, and others, is factually incorrect. The city of New York won absolutely nothing, and in fact lost absolutely everything. It was forced to repeal the firearm-related restriction in question, as it knew full well it would never withstand review by the united state supreme court.

The city of New York cannot even attempt to implement the firearm-related restriction again at a later date, as it has already admitted it is unconstitutional and would never pass constitutional muster. If it was not, it would have never repealed the legislation, as it would have stuck to its position to the very end due to being certain beyond all reasonable doubt their law was constitutional.

The city of New York was forced to admit it enacted an unconstitutional law, and chose to repeal it rather than wasting millions of dollars it did not have, on a legal defense it could never win.

 

I -love- how you are so unafraid to demonstrate how little you know about this subject.

 

The united state supreme court has already ruled, in absolute and unquestionable terms, that the second amendment applies to all states equally. The precedent set in Heller applies everywhere, even in the state of New York. No state is exempt, no state is legally allowed to ignore the precedent.

 

the same judges that ruled on Heller, have also REJECTED every single AWB that has come before them.

so clearly those judges feel the States do have some discretion to enact gun regulations.

 

Not relevant to the discussion.

The discretion is extremely limited as to just what can be done, that has not already been done. It is only a matter of time before no new firearm-related restrictions can be implemented, because the state and federal governments have completely exhausted their legal authority.

What will be done then, when that point in time comes to pass?

 

its extremely relevent!

Heller was decided 5 to 4, and yet they couldn't get 4 Justices to allow an appeal of a AWB case to come before them.

that shows at least 2 of the Justices who voted FOR Heller, also believe the States have some discretion to write their own unique gun laws.

deal with it.