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Supreme Court Denies NY CCW Case

1725 Views 14 Replies 7 Participants Last post by  Single Six
As the debate over gun rights heats up on Capitol Hill, the Supreme Court on Monday denied a petition to hear a challenge to a key provision of New York state’s restrictive gun laws.

The high court without comment refused to take up a petition challenging a lower court’s upholding New York state’s requirement that citizens prove “proper cause” to carry a weapon for self-defense outside the home......

The U.S. Court of Appeals for the Second Circuit ruled in November in favor of the state.

“Our review of the history and tradition of firearm regulation does not ‘clearly demonstrate’ that limiting handgun possession in public to those who show a special need for self-protection is inconsistent with the Second Amendment,” Judge Richard C. Wesley wrote in the November opinion.

A group of New Yorkers challenging the requirement asked the Supreme Court in January to take up the case......

The question of whether or not carrying a gun for protection outside the home is a constitutional right is also being litigated elsewhere in the country.

A federal court in February denied a petition to rehear a December ruling that declared an Illinois law prohibiting people from carrying concealed handguns in public unconstitutional. The court had given the Illinois legislature 180 days to pass some kind of concealed-carry law.

Illinois Democratic Gov. Pat Quinn has said he wants state Attorney General Lisa Madigan to appeal to the Supreme Court, but Ms. Madigan has indicated she wants to see what the legislature comes up with before making a decision.;utm_medium=RSS
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Bumblehick said:
You have a better system?

It is what we have and what we have to deal with.

Hate it, love or or accept it - it is what it is and it does affect our life. We can go round and around on this. Once finished, we remain where we are. With the system we have in place with all the plus's and negatives.
This is what we have, I just don't see any reason to glorify it or paint it as something magical, just and cognizant of individual liberties when it is in fact nothing of the sort.

Let's stop pretending there is some uniquely American system in place where the good ideas percolate to the top and the checks and balances will wash everything else away. The experience we have from the past 50+ years is that the garbage floats to the top and dominates everything, more so every year, mainly b/c the system of checks/balances IMO no longer truly exists.

Given that, I think it's fruitless to talk about the rule of law when the #1 problem in America on all levels are the constantly shifting legal sands upon which nobody has a firm basis for anything.

Since the 1990s- Assault weapons ban (AWB), then no AWB, then a new proposed federal AWB, then maybe it will or will not be there, or take shape in a new unspecified form in the future, state X imposing its own AWB and neighboring state not doing the same, state A imposing licensing requirements, state B doesn't do it, but might. Supreme Court says you have an individual "right" but it's subject to no safeguards against the guvmnm't curbing your ability to exercise that "right" as they see fit- so how is it even a right at all? Magazine limits, in some states passed, others states not, some allow grandfathering, others do not, some may if they adopt it in the future, you never know. What is an "assault weapon"? 2 features, 1 feature, who knows? Not to be outdone by promises of federal efforts to the same. NICS checks then additional state checks, varying depending on what kind of firearm you are interested in with varying fees and requirements, Universal background checks, maybe or maybe not. Most of these laws have tiers of who has to actually abide by them, with "special" exceptions afforded to certain professions that just happen to be closely aligned w/the guvmn't. Imagine that. Registration? Not openly talked about but inevitable if they really want universal background checks. But all of them are saying there is no attempt at registration. Do you believe them? Especially given we know various state and municipal guvmn'ts keep registries in defiance of federal law now, the courts know this and have known this for decades- what have they done? Nothing. ATF requires maintenance of all gun sales, and considers it not a "registry" b/c it's not in an automated format, but all they need from Congress is a nod of approval and it will be there in a dB lickety split. But no no no, there's no chance of a national registry... or is there?

All perceived 'rights' are just ink on a piece of paper. To the degree that your lobbyists and representatives can 'temporarily' grant you those rights under current law is the best you're going to do. When being a 'Constitutionalist' is tantamount to 'terrorism' these days you can see where we're headed. I have no doubt that the generation being born today will enjoy 'rights' (or lack of) much different than we have today. As long as your representatives perceive the Second Amendment as being worthy of granting you a right under law and under an ever increasing fascist police state, you will enjoy your own perceived 'right'.
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