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Everything posted by drjjpdc
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SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
Not around here they don't, otherwise why all the questions on mootness? -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
Here is some potential good news. The following link show %'s of Supreme Court decisions where they reversed lower court decisions. Regarding NJ & NY, They have reversed the 2nd and third court of appeals 60-70 % of the times. That's a pretty percentage for us. https://ballotpedia.org/SCOTUS_case_reversal_rates_(2007_-_Present) John -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
Here's are the NRA-ILA that explain NYC last hope for refusing to hear the case. https://www.nraila.org/articles/20190920/us-supreme-court-schedules-nra-supported-second-amendment-case-for-argument What people have a hard time in understanding the reasons. Any time a law is passed that conflicts with the Constitution, then a judicial decision is required. It is not enough for the municipality to cancel the law. That is because they can always re-instate that law. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
I should have explained it better. There are only seven ranges in NYC but you have about 16,300 premises licenses. That's about 2500 folks per range. You couldn't get all those people into what's available. The range question is not THE REASON but just one of them. You are correct in your last point. There are only 2 permits in NYC, a carry permit and the premises permit which limits you to your home. That's also why one of the questions the justices will ask is why doesn't the Commerce clause apply in this case? https://www.wnyc.org/story/visit-nyc-firing-range-hear-gun-owners/ -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
When you get right down to the nuts and bolts of this case, it's not really about the 2nd Amendment. With a tiny fraction of New Yorker's able to practice at a gun range, how the heck are they supposed to practice when NYC can't accommodate their citizens? -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
Really the whole point of this ridiculous gun case is that if you have a premises license & you can't get into a city range, how the heck are you going to practice? The city giving a license to a resident that can't practice is way more dangerous than someone transporting it! -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
I don't know who did the brief but NJ has it's own case. Rogers v Grewal. The state dragged it's feet but the court made them reply to the petitioners. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
I have been reading all the briefs in this case. Paul Clement for the Petitioners has written 2 briefs referring to this silly argument by NYC. Here it is, about 25 pages or so. It's worth reading. Basically just because the state changed the law does not mean NYC did. If the state recent laws disappeared, the city opinions would remain intact. The only way to give the petitioners true relief is to make the court decide on it. https://www.supremecourt.gov/DocketPDF/18/18-280/114641/20190904133735900_18-280rb.pdf -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
The amazing thing about this topic to me is the amount of briefs sent to SCOTUS. This case has brought forward at least 50 briefs! You have these screwball Democratic Senators threatening the Court if they don't make a decision that they like. In addition the NY case is not asking what Rogers is (shall issue). They are only asking to transport their guns unloaded and locked in a case. After all NYC only has 7 approved gun ranges. I just hope the justices have the brass to tell Whitehouse and Co. to shove it. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
People may think Roberts is a bit wishy-washy, but he is also not happy the way these Eastern Circuit courts are screwing up SCOTUS opinions. I think that's another reason SCOTUS will make a statement. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
Don't worry about packing the court. it takes a bill passed in the house, senate and Trump signing it, which would give him more justices. Ain't gonna happen, read this. https://www.bustle.com/p/can-congress-change-the-number-of-supreme-court-justices-it-hasnt-always-been-nine-12219225 -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
just go back to fdr and read about packing the court with his new deal programs. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
Here's the elephant in the room that NY is afraid of. May or Shall Carry. Even thought the case was cloaked in the NY State Rifle and pistol clubs, the real meat was the carry provisions. When the Respondent's arm was twisted, they allowed carry to a range, another property and an hunting area. But they are only allowing you, to take your arms to a SPECIFIC place! They are terrified of shall carry. This is where the NJ case comes in. It is not some shadow case. It specifically is about shall carry. I truly think the justices know that already and feel that the east should join the other 40 + states in shall carry. -
Congratulations. Lots of fishing and hunting there. That is one of the areas of PA that I always wanted to move to, but my wife has an anchor in NJ.
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SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
This one funny letter. How desperate is NY? -
Good Lord the permits are made of paper! Just put some permits under a copy machine.
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SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
The legal team for NYC already tried to ask SCOTUS that they are changing the law and to postpone the conferences/hearing and SCOTUS said no way, Here is the request NYC made on April 23 and it was denied by the Court on April 29. https://www.supremecourt.gov/DocketPDF/18/18-280/97431/20190423180458659_NYSRPA v CNY Letter to Supreme Court.pdf -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
That's how our government works. The legislature takes care of the majority .Scotus protects the minority from abuses of the majority. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
No real penalty, only that he would be overruled by a higher court. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
Now I am not saying it will be pie in the sky but if we get shall carry it won't be as draconian at some of the posts here. If you older guys remember, Illinois used to be as bad as Washington DC, but after the SCOTUS decisions things changed a lot. Take a look at this website: http://www.handgunlaw.us/states/illinois.pdf If you go to page 4 where they list where you can or can't carry; you will note that there are no distances that I can see for the places that were mentioned like school yards, govt. buildings, etc. I was quite surprised myself with the sections on non-resident carry too. NJ will probably be something like this. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
Jack, You are forgetting that the McDonald vs. Chicago decision used the 14th amendment to extend the self defense portion of the 2nd amendment to all the states. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
The reason that doesn't fly in NY is that there are only 7 local ranges approved. That alone should be a legal argument about the impossibility of target practice. -
SCOTUS agrees to hear 2A case from NYC
drjjpdc replied to TR20's topic in National Gun Law Discussion
I don't care about what obstacles get in our way by NJ. As long as I see shall issue for NJ. -
Just for perspective the NY case was distributed for conference 3 times between the 3rd week of Nov.2018 until 01/14/2019. The petition for certiorari was finally granted 01/22/2019. It won't be Christmas for a little while yet. And that just means the case will be heard, no guarantee of outcome.
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Ah but if the ny law passes, I am sure that will affect nj.
- 167 replies
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