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While We Were Busy With Good Old Fashioned Infighting …

the Courts have issued some favorable rulings. The big one is the Supreme Court ruling that New York isn’t getting out of their lawsuit just because they made a token gesture at changing their law. Paul Clement responded on behalf of NYSRPA:

Even now, the respondents insist that the transport ban promotes public safety, but in a nakedly transparent effort to evade this Court’s review, respondents have commenced an administrative rule making to reconsider the ban. Although that process was only recently initiated, and respondents have not yet received any of the public comments they have solicited, respondents make the extraordinary request that this Court stay any further briefing in this case. That request is radically premature and should be denied in all events.

It appears the Supreme Court agreed.

19 Responses to “While We Were Busy With Good Old Fashioned Infighting …”

  1. Joe says:

    I’m really skittish with Roberts. If this NYC law is not struck down with damning condemnation, than it will give Democrat-Party controlled States the ability to ban gunowners from taking their firearms to other States where they are legal. An NYC gunowner can’t even take their legal firearm up to Vermont and/or Pennsylvania as of right now.

    Looking at this case, State Preemption is certainly under the microscope as well. NYC is essentially subjugating the 2nd Amendment and its resident gunowners to Geo-Political Segregation.

    • mike w. says:

      I’ve long believed that doing away with state level preemption, especially in blue/purple states, might do even more damage than a mag ban or AWB.

      If it becomes incredibly, felony level risky to simply travel throughout your own state with firearms and/or ammo, gun culture is screwed. In DE I could be down the beach, drive a few miles in any one direction and be in different towns, not to mention the different towns and counties I’d traverse getting down there. Different police forces enforcing wildly different gun laws would be impossible to even try to comply with, which is exactly why anti-gunners hate preemption.

      • Joe says:

        To be honest with you, I agree entirely on State Preemption perhaps being ‘THE Hill to die on’, even before AWB’s.

        President Trump ‘flipped’ the 3rd Circuit Court though. I think Delaware imposing an AWB might be what causes the Federal Courts to strike them down as unconstitutional.

      • Sebastian says:

        Preemption is bedrock. To be defended at all cost.

        • Richard says:

          Unfortunately, the antis have figured this out. Preemption is in deep trouble in NV. It may be dead in WA but I haven’t been able to figure out if that bill passed before the legislature adjourned. And of course an number of states like NY never had it to begin with.

          • dwb says:

            Soon it wont matter. A win or two (or three) at the Supreme Court, and then all the battles will be at the margins same as it is with abortion. I am sure localities will push the envelope, but the result will be lawsuits, legal fees for the winners, and not much else. May end up being a nice living grinding out settlements, for some on our side.

          • Joe says:

            The attempt to repeal State Preemption in Washington State failed.

    • dwb says:

      I too questioned Roberts, however, the fact that they have put Mance v Barr (No. 18-663 ) and Pena (No. 18-843) on hold while simultaneously denying NYC attempt to delay the NYSRPA case tells you all you should need to know.

      A very narrow carefully crafted opinion goes a VERY long way (see: Caetano, which was as narrow as it gets). It does not need to be “damning condemnation.” Caetano merely rejected the lower court opinion without deciding whether stun guns were protected. Despite this, no stun gun ban has been upheld.

  2. dwb says:

    Sometimes I wonder if divisions and infighting are the result of winning. First, you have a lot of people trying to divy up the spoils (NRA Carry Guard falls into this category). Second, it is a lot easier to be united against a common enemy. And yes, make no mistake, getting Gorsuch and Kavanaugh on the Supreme Court is already paying huge dividends (two cases Mance and Pena are being held awaiting a third which will will be argued in Oct 2019 term) – and will continue to pay huge divdends for a very long time. Bloomberg may have a lot of money, but Kavanaugh and Gorsuch will be a check on anything he can accomplish for at least a generation. Its only a matter of time before the 2nd Amendment firmly extends outside the home and gun bans are severely restricted. Like abortion, the fight will be only around the margins of Supreme Court precedent. What will people do then? The margins do not make a very sexy struggle.

    • Joe says:

      Take a look at this. Feinstein has scrapped the concept of an outright ‘ban’ on what she calls ‘Assault Weapons’, and is instead trying to put them under Federal Handgun Regulations.

      I think that Gorsuch and Kavanaugh, along side the current Gun Control Case before the SCOTUS is sending the message that Gun Bans are being put out to pasture.

      https://www.guns.com/news/2019/05/01/feinstein-pushes-to-bump-age-for-mags-assault-weapons-to-21

    • mike w. says:

      “Kavanaugh and Gorsuch will be a check on anything he can accomplish for at least a generation. Its only a matter of time before the 2nd Amendment firmly extends outside the home and gun bans are severely restricted.”

      This assumes the left will comply with SCOTUS decisions. I have no reason thusfar to assume they will. They’re largely ignoring Heller and McDonald. Why wouldn’t they do the same with further SCOTUS cases that go our way?

      • dwb says:

        see my comment above. Kennedy was obviously iffy, leaving courts unable to read the direction of the court. Now that Gorsuch and Kavanaugh are on board, the court is sending much much stronger signals.

  3. Shawn says:

    Why would a new York be worried about this going before the supreme court? We all already know that the supreme court will side with the state of new York.

    I have no faith in the courts anymore. The “victories“ we get are very small and narrow well at the same time we have the courts saying that entire sweeping bans of entire classifications of firearms with confiscation are constitutional.I am wondering when the supreme court will not hear a case brought forward to them when Washington State or Oregon bands guns totally and makes ownership possible by execution without trial. Since the circuit court hates us and want us to be exterminated by the government they will of course side with the state.

  4. Brad says:

    A good SCOTUS ruling is needed now more than ever. The escalation of the enemy is reaching a dangerous level.

    When you have an elected Congressman and Presidential Candidate campaigning on mass gun confiscations, on mass arrests, and also joking about nuclear weapons, it is way past time to put the foot down.

  5. Charlie Foxtrot says:

    One of the few lawsuits that the NRA Civil Rights Defense Fund actually supports with money. If you want to donate to this effort, donate directly to the NRA Civil Rights Defense Fund: https://www.nradefensefund.org/donate.aspx. These donations will go directly to the fight and not end up in someone else’s pocket. Here are the lawsuits that the NRA Civil Rights Defense Fund actually supports: https://www.nradefensefund.org/current-litigation.aspx.

  6. Alien says:

    To append Charlie Foxtrot’s comment, the NRA Civil Rights Defense Fund is a 501(c)(3) organization, fully tax deductible and eligible for charitable donations within the aegis of the United Way’s annual c̶o̶e̶r̶c̶i̶o̶n̶ solicitation campaign.

    You will have to write in that choice on the United Way forms, of course, and I’d suggest rather than the well-encouraged payroll deduction method, donating via check payable to the Civil Rights Legal Defense Fund with “2019 United Way Campaign Donation” added on the check’s memo line when the UW apparatchik come calling in the fall to gain full accrediation for participation by your company’s managment. It seems the United Way may not be quite as “fully supportive” of that particular charity as others, judging by the difficulty it often experiences in actually getting the donated funds to them.

    CF is completely accurate in his statement that the funds go directly into the fight and not into some semi-hidden bureaucratic slush bucket.

    • 42 says:

      You can donate to the NRA Civil Rights Defense Fund with every purchase at Amazon- just order through Amazon Smile and select it as an option!

      https://smile.amazon.com/

      I do!

      • Alpheus says:

        I do, too! It’s not much, but I appreciate the irony of donating to the NRA via an organization that is almost certainly at least a little hostile towards the NRA…

        • Mike Q says:

          It’s funny when all those companies were coming out against the NRA last year, Amazon was notably silent. I think they looked at people’s shopping habits and realized how much they stood to lose if they opened that can of worms and wisely kept their mouths shut.

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