LEGAL Supreme Court Hands Down Biggest Second Amendment Victory Since Heller

jward

jward

passin' thru
Supreme Court Hands Down Biggest Second Amendment Victory Since Heller

Spencer Brown
Spencer Brown
|
@itsspencerbrown
|
Posted: Jun 23, 2022 10:45 AM







Supreme Court Hands Down Biggest Second Amendment Victory Since Heller

Source: AP Photo/J. Scott Applewhite
The Supreme Court on Thursday handed down its opinion in a landmark Second Amendment rights case, the biggest win for gun rights since the court's Heller ruling holding that "New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense."


The ruling came down 6-3, with Justice Clarence Thomas writing the majority opinion joined by Justices Roberts, Alito, Gorsuch, Kavanaugh, and Barrett — plus concurring opinions by Justice Alito and Justice Kavanaugh. Justices Breyer wrote the dissent joined by Sotomayor, and Kagan.
Thomas's opinion explains, in part, that "confining the right to 'bear' arms to the home would make little sense given that self-defense is 'the central component of the [Second Amendment] right itself.'"
Thomas continues:
The constitutional right to bear arms in public for selfdefense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for selfdefense. New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
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The full opinion can be read below:


townhall.com

BREAKING: Supreme Court Announces Massive Second Amendment Ruling

townhall.com townhall.com
 
Southside

Southside

Has No Life - Lives on TB
And yet, our current form of Communist government attempts to restrict our GOD GIVEN right to have guns today.

The only amendment to the Constitution I would ADD(there are a few I would get rid of) is one with the penalties for people who create unconstitutional laws.
 
jward

jward

passin' thru
Governor Kathy Hochul
@GovKathyHochul
26m

It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons.
In response to this ruling, we are closely reviewing our options – including calling a special session of the legislature. Just as we swiftly passed nation-leading gun reform legislation, I will continue to do everything in my power to keep New Yorkers safe from gun violence.
 
S

SackLunch

Dirt roads take me home
jward said:
Governor Kathy Hochul
@GovKathyHochul
26m

It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons.
In response to this ruling, we are closely reviewing our options – including calling a special session of the legislature. Just as we swiftly passed nation-leading gun reform legislation, I will continue to do everything in my power to keep New Yorkers safe from gun violence.
Click to expand...
Respectfully, Governor, you cannot keep me safe from gun violence, but my firearm training can.
 
thompson

thompson

Certa Bonum Certamen
jward said:
Governor Kathy Hochul
@GovKathyHochul
26m

It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons.
In response to this ruling, we are closely reviewing our options – including calling a special session of the legislature. Just as we swiftly passed nation-leading gun reform legislation, I will continue to do everything in my power to keep New Yorkers safe from gun violence.
Click to expand...

:stfu:
 
Mark D

Mark D

Now running for Emperor.
jward said:
Governor Kathy Hochul
@GovKathyHochul
26m

It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons...
Click to expand...
I'm no scholar, but doesn't the 2nd say: "The right of the People to KEEP and BEAR arms shall not be infringed."???

It sounds like SCOTUS understands English better than the state of New York.
 
jward

jward

passin' thru
Kyle Becker
@kylenabecker

This Supreme Court ruling is very good indeed. There is a passage in Justice Clarence Thomas' ruling that suggests the court would consider "red flag" laws to be unconstitutional.

"New York is not alone in requiring a permit to carry a handgun in public. But the vast majority of States—43 by our count—are 'shall issue' jurisdictions, where authorities must issue concealed-carry licenses..."
"... whenever applicants satisfy certain threshold requirements, without granting licensing officials discretion to deny licenses based on a perceived lack of need or suitability. Meanwhile, only six States and the District of Columbia have 'may issue' licensing laws..."

Thomas points out the "Proper cause" provision of such gun laws is unconstitutional. Critically, he bases his ruling not only on the 2A, but on the Fourteenth Amendment. It is inconceivable that "red flag" laws that may also violate the Fifth Amendment pass constitutoinal muster.
*This is the 'Proper Cause' that puts the onus on the petitioner to prove why he or she needs a firearm
10:11 AM · Jun 23, 2022·Twitter Web App
 
C

Cedar Lake

Connecticut Yankee
jward said:
Governor Kathy Hochul
@GovKathyHochul
26m

It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons.
In response to this ruling, we are closely reviewing our options – including calling a special session of the legislature. Just as we swiftly passed nation-leading gun reform legislation, I will continue to do everything in my power to keep New Yorkers safe from gun violence.
Click to expand...
She said, I will continue to do everything in my power to keep New Yorkers safe from gun violence.
1) Put your NY criminals in NY jails when the criminal breaks the law.
Mandatory jail time for NY criminals caught with stolen pistols and rifles.
NY Criminals that are unlicenced and have no CCW permit automatcally get 5 more years in NY jails.
2) NY Jails are not racist. Open to all ethnic peoples and genders.
3) If your NY criminals cannot afford bail, tough s**t. Stay in NY jail.
4) Pass a NY State law that restricts New York State D.A. Plea-Bargaining.
5) Do the crime, do the time.
All of the above worked in NY from 1900-2020.
Put NY state first, not for your political party.
 
Dennis Olson

Dennis Olson

Chief Curmudgeon
_______________
Cedar Lake said:
1) Put your NY criminals in NY jails when the criminal breaks the law.
Mandatory jail time for NY criminals caught with stolen pistols and rifles.
NY Criminals that are unlicenced and have no CCW permit automatcally get 5 more years in NY jails.
Click to expand...
But dat wud be rayciss.
 
N

night driver

ESFP adrift in INTJ sea
Yah, boss, ya might have heard some noise if you had done that ;-).

I would be VERY HAPPY if NY issued the same CCL type that OH does, with NO requirement that the Ser # of the weapon you were carrying had to be on your permit.
 
Doomer Doug

Doomer Doug

TB Fanatic
There was also a recent lower court decision saying the ban on people under 21 buying weapons was unconstitutional.
Personally, gun control will break out like abortion as a states right issue, with background checks and mag bans in blue states and no federal ones.
 
Intestinal Fortitude

Intestinal Fortitude

Have Faith
www.breitbart.com

Clarence Thomas: 2nd Amendment Protects 'Individual's Right' to Carry Gun Outside Home for Self-Defense

In the majority opinion for Supreme Court of the Unite States' 6-3 ruling in NYSRPA v. Bruen, Justice Clarence Thomas wrote that the Second Amendment protects an "individual’s right to carry a handgun for self-defense outside the home."
www.breitbart.com

Clarence Thomas: 2nd Amendment Protects ‘Individual’s Right’ to Carry Gun Outside Home for Self-Defense
WASHINGTON, DC - OCTOBER 21: Associate Supreme Court Justice Clarence Thomas speaks at the Heritage Foundation on October 21, 2021 in Washington, DC. Clarence Thomas has now served on the Supreme Court for 30 years. He was nominated by former President George H. W. Bush in 1991 and is the …
Drew Angerer/Getty Images
AWR Hawkins23 Jun 20226

2:12


In the majority opinion for Supreme Court of the United States’ 6-3 ruling in NYSRPA v. Bruen, Justice Clarence Thomas wrote the Second Amendment protects an “individual’s right to carry a handgun for self-defense outside the home.”

Thomas pointed to District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), noting in those cases SCOTUS “recognized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense.”

He then turned his attention to NYSRPA v. Bruen, saying, “In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense.”

Thomas observed, “We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”

Later in the Opinion, Thomas noted: “Although we remarked in Heller that the need for armed self-defense is perhaps ‘most acute’ in the home, id., at 628, we did not suggest that the need was insignificant elsewhere. Many Americans hazard greater danger outside the home than in it…[and] the text of the Second Amendment reflects that reality.”

Therefore, “The Second Amendment’s plain text thus presumptively guarantees [the NYSPRA] petitioners…a right to ‘bear’ arms in public for self-defense.”
 
hiwall

hiwall

Has No Life - Lives on TB
This is a big win for freedom.

But a few years from now the Supreme Court could revisit this issue and change their ruling.
 
Griz3752

Griz3752

Retired, practising Curmudgeon
Southside said:
And yet, our current form of Communist government attempts to restrict our GOD GIVEN right to have guns today.

The only amendment to the Constitution I would ADD(there are a few I would get rid of) is one with the penalties for people who create unconstitutional laws.
Click to expand...
True but if we get off the mark well in November, that 'power' should be constrained. Every EO or law can be challenged in SCOTUS and forestalled pending such decision.

I do not expect the Socialists to slack off in their misguided drive to break 2A but I know, I'm far from being the only one trying to hold back the tide.

We can't ever roll over on this.

Think where we'd be if previous Dem admins had gotten their way!
 
Last edited:
bbbuddy

bbbuddy

DEPLORABLE ME
Southside said:
And yet, our current form of Communist government attempts to restrict our GOD GIVEN right to have guns today.

The only amendment to the Constitution I would ADD(there are a few I would get rid of) is one with the penalties for people who create unconstitutional laws.
Click to expand...
That's a good one but TERM LIMITS is even better. No more lifetime politicians!
 
bbbuddy

bbbuddy

DEPLORABLE ME
Intestinal Fortitude said:
www.breitbart.com

Clarence Thomas: 2nd Amendment Protects 'Individual's Right' to Carry Gun Outside Home for Self-Defense

In the majority opinion for Supreme Court of the Unite States' 6-3 ruling in NYSRPA v. Bruen, Justice Clarence Thomas wrote that the Second Amendment protects an "individual’s right to carry a handgun for self-defense outside the home."
www.breitbart.com

Clarence Thomas: 2nd Amendment Protects ‘Individual’s Right’ to Carry Gun Outside Home for Self-Defense
WASHINGTON, DC - OCTOBER 21: Associate Supreme Court Justice Clarence Thomas speaks at the Heritage Foundation on October 21, 2021 in Washington, DC. Clarence Thomas has now served on the Supreme Court for 30 years. He was nominated by former President George H. W. Bush in 1991 and is the …
Drew Angerer/Getty Images
AWR Hawkins23 Jun 20226

2:12


In the majority opinion for Supreme Court of the United States’ 6-3 ruling in NYSRPA v. Bruen, Justice Clarence Thomas wrote the Second Amendment protects an “individual’s right to carry a handgun for self-defense outside the home.”



Therefore, “The Second Amendment’s plain text thus presumptively guarantees [the NYSPRA] petitioners…a right to ‘bear’ arms in public for self-defense.”
Click to expand...
Um,, why the emphasis on handguns? "Arms" includes rifles, shotguns, bows and arrows, knives, swords, etc.
 
end game

end game

Veteran Member
jward said:
Governor Kathy Hochul
@GovKathyHochul
26m

It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons.
In response to this ruling, we are closely reviewing our options – including calling a special session of the legislature. Just as we swiftly passed nation-leading gun reform legislation, I will continue to do everything in my power to keep New Yorkers safe from gun violence.
Click to expand...
Kathy, is that why your prosecutors let violent felons out without bail and dropping charges?
 
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