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by srothstein
Sat Jun 25, 2022 10:35 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Supreme Court strikes down NY gun law
Replies: 45
Views: 9701

Re: Supreme Court strikes down NY gun law

pt145ss wrote: Sat Jun 25, 2022 9:40 pm Interesting.

Being from a different state does not mean we give up the right to free speech or give up our 4th amendment rights.
I agree. I think the next case will be about license at all. The concept of a license to exercise a right does not meet with Thomas's historical analysis specified as the way to check the 2A cases. The next case may be about reciprocity, but it would be just as easy to argue no license anywhere, constitutional carry for all.
by srothstein
Thu Jun 23, 2022 9:45 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Supreme Court strikes down NY gun law
Replies: 45
Views: 9701

Re: Supreme Court strikes down NY gun law

I think some of you may have missed the real significance of this decision. Yes, it struck down New York's may issue, but it did something a lot more significant too. It settled the question of how to decide if a law infringes on the 2A. No more intermediate scrutiny or even strict scrutiny. The new official test is a simple question - call it historical scrutiny. If the law would have been considered allowable and appropriate by the founding fathers, it is allowable. If not, it isn't. And the government has the burden of proving that it is acceptable.

This case will open up the floodgates for most gun laws to be struck down, if the lower courts abide by the test SCOTUS has now set. And it will probably affect every current gun case being considered too.

BTW, my favorite line in the decision mentions how sensitive place restrictions would be allowed. And Thomas then points out that the Island of Manhattan is not a sensitive place, no matter what the NY government claims.

DISCLAMER: I have not yet finished reading the whole decision and I have been told some of the concurrences are also very significant.

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