Supreme Court likely decision to overturn Chicago's gun ban could impact New York

Supreme Court likely decision to overturn Chicago's gun ban could impact New York

This is a discussion on Supreme Court likely decision to overturn Chicago's gun ban could impact New York within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; The Supreme Court on Tuesday appeared ready to overturn Chicago's handgun ban in a case gun rights groups plan to use against firearms laws in ...

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Thread: Supreme Court likely decision to overturn Chicago's gun ban could impact New York

  1. #1
    Senior Member Array mrreynolds's Avatar
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    Supreme Court likely decision to overturn Chicago's gun ban could impact New York

    The Supreme Court on Tuesday appeared ready to overturn Chicago's handgun ban in a case gun rights groups plan to use against firearms laws in New York City and nationwide.

    Mayor Bloomberg and the city chose to sit out the case and did not file a brief with the court supporting President Obama's hometown of Chicago.

    "We don't expect it to impact on New York laws," a Bloomberg spokeswoman said of the case, McDonald vs. Chicago. But both gun rights and gun control groups predict a rash of suits aimed at loosening the city's rules on gun permits.

    The case involves 76-year-old Chicago resident Otis McDonald, who claimed the city's 1982 ban on handguns left him prey to street gangs.

    In oral arguments Tuesday, the justices signaled they are ready to pivot off a 2008 case, which overturned the handgun ban in the federal enclave of Washington and extend the right to "keep and bear arms" to states and localities.

    Associate Justice Anthony Kennedy, considered the swing vote on the nine-member court, observed that the right to possess a gun has a "fundamental character" akin to freedom of speech. A decision in the case is expected this summer.

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  2. #2
    Member Array TheSaiga308's Avatar
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    I hope and pray that ALL Americans including the "Average American" that the media refers to will have the ability to defend themselves and their families extended to them and not only to the elite classes in areas where gun-control has run amuck.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth keystone... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference."
    - GEORGE WASHINGTON

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    VIP Member Array SIGguy229's Avatar
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    I think if the verdict comes out the way we want it to....I think it would take someone in NY or NYC to demonstrate how the extremely long process taken by the authorities there to issue a concealed weapon permit puts them at risk (i.e. a demonstrated threat) and infringes on their rights.

    After all...why can it take Virginia 45 days (or in some states, even less time) to issue a permit, but NY/NYC takes months?

    Heck, probably need to attack NYS's registration scheme...can't move there without your guns until after you jump through hoops to prove you're a "good person"....then have them sent to you. Meanwhile, BGs carry anyhow.
    Magazine <> clip - know the difference

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    Member Array titleist's Avatar
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    How could it NOT change Bloomy's laws? Seems pretty straight forward, unless someone REALLY drops the ball on this one.

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    Senior Member Array 2edgesword's Avatar
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    Unfortunately I don't think the decision in McDonald is going to have any impact on the situation in NY. It seems the justices were all in favor of localities deciding on how they recognize the 2nd amendment rights of citizens, and that short of an outright ban on keeping a handgun in your home the restrictions that apply here in NY do not violate the 2nd amendment.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  6. #6
    VIP Member Array MitchellCT's Avatar
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    Actually, it's going to have a very significant impact.

    Your ability to own weapons in NY State is a priviledge at this time.

    You have no state constitutional right to bear arms to the best of my information, and at the current time, the 2nd amendment does not restrict the states of the union from making what laws they see fit.

    If the 2nd amendment is made applicable to the states, you will have, for the first time, a court enforceable right to bear arms which will enable you to begin to raise the issues such as arbirtary and capricious licensing, revocation of licensing at the unfettered will of state officials, and other such treatment which NYS seems to think is acceptable because, after all...

    Guns are a priviledge, not a right.

    For now...

    What you will change, how it will be done and the end effect are still in flux; however, make no mistake - This will be a change in the fundamental framework of how firearms are treated by the court and the legislatures.

    They will have to give more than mere lip service to your rights.

    Will it overturn everything? No.
    Will it go as far as you'd like? No. Probably...

    But does it lay the groundwork for nondiscretionary issuance of NYC permits and things of that nature?

    Lets put it this way... by 2015 I want my non-resident NYS statewide permit in hand.

  7. #7
    Member Array wpage's Avatar
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    Lets all let our reps and senators know we support the Supreme court on this prelim.
    Its our right.
    Defend it!
    God so loved the world he gave his only son...
    Whoever believes in him will not perish but have everlasting life.
    John 3:16

    W

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    Let's hope this leads to more positive changes. After Heller, Washington "changed" their laws and regs, but put 500 miles of red tape and lots of $ between the request and the actual "permission" to own a gun (in other words, permission to do what the Supreme Court ordered).

    Are we going to have to endure a long legal battle with New York and other cities, or can some sort of "quick enforcement" of 2A take place? I'm sure Bloomberg won't just roll over.

  9. #9
    Member Array wildcatCWP's Avatar
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    It won't have an effect on NYC's laws. Chicago and DC have (had, in the latter case) handgun bans. Everything short of a complete ban on handguns is okay according to the courts, for the time being.

    Because NYC does have a process available for some people to get handguns (even if it is restricted to the rich and famous or politically connected) -- then NYC doesn't fall into the same category as DC or Chicago.

    Whether shall issue or may issue licensing/permits, registration, magazine restrictions, 'assault weapon' classifications, or other bureaucratic measures are okay is another lawsuit entirely.

  10. #10
    Senior Member Array JohnK87's Avatar
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    It could. Heller stated that there was a right to firearm ownership, but that it was subject to "reasonable" regulation. There will be court fights over what is "reasonable" unless the Court provides more guidance.

    If a typical citizen can't get the required permits due to excessive red tape or administrative barriers, that is a functional ban and would be stricken down.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

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    Distinguished Member Array AKsrule's Avatar
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    Quote Originally Posted by JohnK87 View Post
    It could. Heller stated that there was a right to firearm ownership, but that it was subject to "reasonable" regulation. There will be court fights over what is "reasonable" unless the Court provides more guidance.
    If a typical citizen can't get the required permits due to excessive red tape or administrative barriers, that is a functional ban and would be stricken down.
    You got it.
    This ruling will be a (major ) stepping stone on the way
    to a nationally recognized and uniform right to possess and carry.

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  12. #12
    Member Array tflhndn's Avatar
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    If SCOTUS rules as we hope and extends Heller to the states, wait until someone uses stastical analysis to show that NYC and other highly restrictive cities have created a system that has a built in racial/socio economic bias and uses that to attack the affect of the restrictions as government infringing on a right -

    Even better, some smart, money-hungry lawyer (but I am repeating myself) launches a Monell claim against NYC...

    ooohhh the fur will really fly

  13. #13
    Distinguished Member Array P7fanatic's Avatar
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    Quote Originally Posted by mrreynolds View Post
    The Supreme Court on Tuesday appeared ready to overturn Chicago's handgun ban in a case gun rights groups plan to use against firearms laws in New York City and nationwide.

    Associate Justice Anthony Kennedy, considered the swing vote on the nine-member court, observed that the right to possess a gun has a "fundamental character" akin to freedom of speech.
    LINK
    Duh, no kidding. It's called 'THE BILL OF RIGHTS'.


    "The price of freedom is eternal vigilance." -Thomas Jefferson

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    Distinguished Member Array nutz4utwo's Avatar
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    Quote Originally Posted by 2edgesword View Post
    Unfortunately I don't think the decision in McDonald is going to have any impact on the situation in NY.
    I disagree. In NYC at least.

    The process for legally obtaining a pistol is far to lengthy, difficult, and expensive. One should not have to pay $500, hire a lawyer to file the paperwork, and wait 6 months to practice a fundamental right.
    "a reminder that no law can replace personal responsibility" - Bill Clinton 2010.

  15. #15
    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by nutz4utwo View Post
    I disagree. In NYC at least.

    The process for legally obtaining a pistol is far to lengthy, difficult, and expensive. One should not have to pay $500, hire a lawyer to file the paperwork, and wait 6 months to practice a fundamental right.

    I agree with you that the process is lengthy, difficult and expensive BUT it does not constitute an outright ban on owning a handgun. I can't imagine a court in NYS deciding that the cost, difficulty and long process time are effectively a ban on handgun ownership. I just don't see that happening but I hope I'm wrong.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

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