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5 THINGS TO KNOW ABOUT CRUCIAL SCOTUS GUN CASE

TTN

2019-08-14

Source: TTN staff

by: TTN

MattWade [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)]

The Second Amendment is under constant assault from all sides and the Supreme Court will hear a case that might change everything we know about gun laws. New York State Rifle and Pistol Association v. City of New York is the case that the Supreme Court could decide in the next term.

The Supreme Court would be tasked with deciding whether or not they agree with the decision of the Second Circuit Court of Appeals.

The Second Circuit Decided in New York State Rifle & Pistol Ass'n v. City of New York, 883 F.3d 45 (2d Cir. 2018):

The District Court's ruling found the City had a compelling interest to limit firearms transport to support public safety, and that affected gun owners are not prevented from traveling out of the city, without their guns, and use shooting ranges with guns purchased out-of-city. The plaintiffs sought appeal within the Second Circuit Appeals Court in 2015. The Second Circuit affirmed the District Court's findings by early 2018, adding that the Heller and McDonald only affirmed the constitutional right to own guns in defense of one's home, and not for transport or use outside of the home. The Circuit Court affirmed that under intermediate scrutiny the city had a compelling interest to restrict transport on guns within city limits

The City of New York has changed the law and now allows licensed gun owners to transport firearms outside of the city limits. However, many questions still remain. Can cities actually ban this transportation and do firearms require licenses among many other questions.

Here is why this is so important:

1.) What the Case is About

2019-08-14
Source: TTN staff
by: TTN

Defence Images via Flickr

While any Second Amendment Case is important this one has a big impact on New York gun laws andwill change the way cities legislate away gun rights. The city of New York severely restricted gun rights and made it so you can not take a gun outside of city limits. The city ended up changing this rule in response to pressure. However, The NYS Rifle and Pistol Association wants this rule clarified as to its legality regardless if it is in effect right now or not.

2.) Democrat’s Fear

2019-08-14
Source: TTN staff
by: TTN

By Ragesoss (Own work) [GFDL (http://www.gnu.org/copyleft/fdl.html) or CC BY-SA 4.0-3.0-2.5-2.0-1.0 (https://creativecommons.org/licenses/by-sa/4.0-3.0-2.5-2.0-1.0)], via Wikimedia Commons

The Democrats already fear that they have lost this case and are trying their best to stop the Supreme Court from hearing it. Several Democratic Senators have signed an amicus curiae brief and are arguing that this legislation is political and the Supreme Court has no right to look over it because the law is no longer in effect. However, they are also threatening to pack the court if the Supreme Court actually make a decision because it can affect future laws.

According to Town Hall:

According to the group, the Supreme Court should not take up this case because the plaintiffs – gun rights advocates – are looking to "thwart gun safety legislation" and have the desire to "expand the Second Amendment." The other argument they make: the Second Amendment and gun control is a political issue and the Supreme Court is supposed to be impartial, not a legislative body.

Translation: gun control proponents have realized this is a lost cause and, if the Supreme Court decided in the case, this could expand gun rights, not restrict them. This case could and would, more than likely, build upon both Heller and McDonald, which protects a person's right to own a firearm in their home for self-protection.

3.) What Does This Affect

2019-08-14
Source: TTN staff
by: TTN

Gage Skidmore [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

This case deals with things other than the 2nd Amendment, the case also looks at the commerce clause and the right of an individual to travel. Due to the complaint being about the transportation of an object the commerce clause is relevant and the question of an individual traveling with a firearm brings into question the 2nd Amendment and the right of an individual to travel.

4.) Bad Argument

2019-08-14
Source: TTN staff
by: TTN

Joe Ravi [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

When the Democrats submitted their amicus curiae briefthey destroyed their own argument. They cited that the law was a political issue and was irrelevant due to the nature of the cases the Supreme Court handles. This argument was based on the fact that New York changed the law when faced with mounting legal challenges. However, the Supreme Court deals with many things that are political in nature; immigration, abortion, the Second Amendment. This brief might end up hurting the Democrats case.

5.) Will The Court Hear This?

2019-08-14
Source: TTN staff
by: TTN

By White House official photographer [Public domain], via Wikimedia Commons

This is a pretty standard case and might not be exceptional enough to take the Supreme Court's time, this would be a loss for gun owners in New York and across America. If the Supreme Court hears this case it will be up to Justice Roberts to decidewhat will happen, he is the toss-up in the court on issues like this.

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