From a first impression by a New Yorker that was at the orals: http://www.nyfirearms.com/forums/law...tml#post259256
Originally Posted by .357MagNYC
Ok, I'm back. I'll try to post my complete notes from the oral arguments in the next post. First, some general thoughts [which he has yet to do - Al].
1. There was a general sense in the courtroom today about how important this case is. It was the last one heard, and the judges took a break immediately beforehand. Oral arguments lasted about 90 minutes! (Each side had been allotted 10 minutes.)
2. Westchester County as a defendant was basically a non-entity. They were trying to argue that they shouldn't be a party to the case, but the judges weren't buying it. Their argument only lasted 5 minutes. The NY State AG's office was the main defendant, arguing in favor of proper cause.
3. The State essentially conceded that THE SECOND AMENDMENT APPLIES OUTSIDE THE HOME. This is huge. At the very least, the Court should hold that the right to bear arms protects a right to bear arms in public.
4. The State was arguing that the proper cause regime is constitutional because New Yorkers can carry rifles and shotguns in public. HUH? But then they admitted that you'd probably get arrested for causing public alarm if you did so in NYC. I don't know how the judges will rule on this one.
5. Alan Gura was incredible, as expected. I can't imagine anyone else I'd rather have on our side fighting for our rights.
6. As far as reading the judges, it's tough to say. Judge Wesley was asking Gura a ton of questions, but I think it's because he agrees with him. Judge Katzmann was mostly silent the whole time. Judge Lynch asked some tough questions to both parties.
So, to sum up:
--It looks like the Second Circuit will hold that the Second Amendment protects a right to bear arms in public for self-defense. What remains to be seen is whether they'll buy the State's argument that, since New Yorkers can carry rifles and shotguns in public, there's no right to carry concealed handguns.
I'm sure the guys reporting is colored, but I hope not by much! If it is as he reports it, then the State has conceded that carry outside the home is part of the right. That is a huge concession!
On the flip-side, the New York Post is reporting: State lawmakers ready with array of gun-control bills - NYPOST.com