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Old January 16, 2018, 11:42 AM   #1
Glenn E. Meyer
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Lost one in NY

http://www.guns.com/2018/01/15/new-y...mit-challenge/

A federal court turns back a reasonable challenge to NY's terrible gun laws.
It also points out that the Heller decision has had little effect on practical matters in most antigun states. IL seemed to be a success but elsewhere - not much.

The antigun lower court precedents keep building up after Heller, SCOTUS - pretty worthless after Heller and McD.

Congress - ditto.
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Old January 16, 2018, 12:31 PM   #2
Bartholomew Roberts
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That's a good one to appeal as it is solidly in the same area as Heller and McDonald. Assuming Gorsuch votes like Scalia, you've got five votes who have already overturned very similar regulations at SCOTUS right now.
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Old January 16, 2018, 01:09 PM   #3
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Originally Posted by Bartholomew Roberts
That's a good one to appeal as it is solidly in the same area as Heller and McDonald.
+1. Furthermore, from the sound of things, one wonders if this is yet another instance where the lower court essentially punted. ("Ugh, I don't want to rule on this and scotch my chances of future political appointments, so I'll just disregard the merits of the case and let the appeals court take it on.")
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Old January 16, 2018, 01:37 PM   #4
Glenn E. Meyer
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I understand that but wonder if the the 3 others haven't just decided to let the states' handle their own business. I'm so pessimistic.
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Old January 16, 2018, 02:27 PM   #5
Bartholomew Roberts
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It will be an important case in that it will either further define the protections offered by the Second Amendment or signal very clearly that the Court is going to let the appeals courts take the lead in 2A jurisprudence.
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Old January 16, 2018, 04:25 PM   #6
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It will be an important case in that it will either further define the protections offered by the Second Amendment or signal very clearly that the Court is going to let the appeals courts take the lead in 2A jurisprudence.
I really think that this is where we are now and for the foreseeable future.

Like Glenn, I am pessimistic, also.
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Old January 16, 2018, 09:45 PM   #7
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“While NYS’s firearms licensing laws implicate the core Second Amendment right, they do not substantially burden it,” said Geraci, going on to say, “The licensing laws place no more than ‘marginal, incremental, or even appreciable restraint on the right to keep and bear arms.'”
Apparently English is not Judge Geraci's native language.
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Old January 19, 2018, 03:25 PM   #8
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This is only the opinion of a district court.
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Old January 20, 2018, 09:34 AM   #9
rebs
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I live in NYS and see nothing being done or challenged with the safe act other than by the NYSRP association. I don't see the NRA or 2nd amendment foundation getting involved. They want your money but where are they ?
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Old January 20, 2018, 11:56 AM   #10
Aguila Blanca
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I live in NYS and see nothing being done or challenged with the safe act other than by the NYSRP association. I don't see the NRA or 2nd amendment foundation getting involved. They want your money but where are they ?
Didn't the NRA either participate in or help fund the challenge to the SAFE Act when it was first enacted? That challenge went to the appeals level and failed. The NRA has to spend its members' money where they think it will be productive. Unless someone can come up with a new basis on which to challenge the SAFE Act, that ship has sailed. I wouldn't expect the NRA to keep throwing money at it when it's virtually guaranteed to lose.

Around the time the SAFE Act was wending its way through the courts, I hired a firearms attorney to challenge an anti-gun ordinance in my home town. We ultimately didn't file the suit, because it was explained to me that suing and losing does more overall damage to the pro-2A side than sitting back and finding a different direction from which to attack. I wasn't happy about not getting my day in court, but I know how generally anti-gun the judges in my state are so the logic behind that was inescapable.

So I'm still looking for the direction from which to mount a flanking attack.
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Old January 22, 2018, 12:01 PM   #11
Glenn E. Meyer
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Those are good points. It is arguable that Heller just led to a slew of jurisdictions coming up with precedents that various types of gun bans and restrictions are perfectly constitutional. Unattended consequence. Only in IL was there significant Heller based progress.

In any case, I repeat myself to say that at the national level there is no impetus for any proactive gun legislation.
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Old January 22, 2018, 12:27 PM   #12
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Originally Posted by Aguila Blanca View Post
We ultimately didn't file the suit, because it was explained to me that suing and losing does more overall damage to the pro-2A side than sitting back and finding a different direction from which to attack.

If judges are going to rule in favor of anti-gun laws, then it does little good to waste your time and money fighting them. If you have a ton of money and decide to take your case to the U.S. Supreme Court (SCOTUS) instead of bribing, err contributing to the appropriate political campaigns, then you'll be sorely disappointed. It seems to the SCOTUS, so long as you are allowed to own one, single shot weapon on your property, which may have to be registered, microstamped and/or with smart gun technology along with you being able to keep a whopping 50 rounds or so of ammo, then your 2nd Amendment rights have been upheld.
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