SCOTUS 2A Victory: NYSRA v Bruen

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  • DougC

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    Here are some post-SCOTUS NYSRPA v Bruen conversation between the substitute host of Hugh Hewitt Talk Show [Mon, 6/27/22] and Cam Edwards of Bearing Arms podcast/blog starting at 30:40. They cover what this ruling means to the 'may issue' states and changes likely to happen. An interesting point (34:25) they cover is reciprocity on carrying a gun between states or the lack of it. The 2A is the only individual right that one loses when going from pro-2A to con-2A state like TX to NY or NJ.

    One could wonder if there will be a future case to SCOTUS questioning this loss in constitutional right.

     

    etmo

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    The 2A is the only individual right that one loses when going from pro-2A to con-2A state like TX to NY or NJ.

    One could wonder if there will be a future case to SCOTUS questioning this loss in constitutional right.



    It's a bit early to make those sorts of claims. Bruen has only been out a week. AFAIK, nobody has yet been prosecuted for "carrying with another state's permit" since Bruen.

    It takes a long time for the legal system to work these things out. SCOTUS, when acting properly, isn't supposed to babysit Congress or the states through every little detail, and there certainly are some details to work out.

    For example, Bruen does not specify carrying concealed vs open carry. The cites all say that sometimes concealed carry can be limited, but only if open carry is allowed, but again, the Court didn't hold one manner of carry or another. So right now, it's perfectly OK for state X to allow only open carry, and state Y to allow any form of carry whatsoever. So it would be in keeping with Bruen if you were arrested while carrying concealed in state X with only a permit from state Y.

    SCOTUS does not, as of now, see this as a loss of your 2A right to carry. Perhaps, as you say, there will be a future case. There has never been a SCOTUS case which resolved all aspects of any civil right in a single case. SCOTUS has been issuing opinions on the 1A for centuries, and we all know the 2A has been treated, and is still treated as a 2nd class right, so it might take decades to sort out all the details if we wait for SCOTUS.

    A better answer, just as with abortion, is to allow the people to decide. The Constitution does not prohibit a state from respecting the carry permit of another state. Contact your Senators and Representatives, and tell them you want a national reciprocity bill passed by Congress, requiring all states to respect the carry permits of all other states. Tell them you want it now. Congress can solve all these problems in a relative flash, just as soon as we re-capture a few seats here and there, including the one in the Oval Office.
     

    DougC

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    Here are some post-SCOTUS NYSRPA v Bruen conversation between the substitute host of Hugh Hewitt Talk Show [Mon, 6/27/22] and Cam Edwards of Bearing Arms podcast/blog starting at 30:40. They cover what this ruling means to the 'may issue' states and changes likely to happen. An interesting point (34:25) they cover is reciprocity on carrying a gun between states or the lack of it. The 2A is the only individual right that one loses when going from pro-2A to con-2A state like TX to NY or NJ.

    One could wonder if there will be a future case to SCOTUS questioning this loss in constitutional right.

    Oops I didn't have the link connected to "...post-SCOTUS NYSRPA v Bruen conversation..." above. Try it now.
     

    leVieux

    Old Guy "Lost my guns in move to nursing home."
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    I wonder how this will affect our drive to have states honor other states carry permits?

    Sorry, I couldn’t see the more recent posts covering this until I posted this.

    leVieux
     

    etmo

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    The Bruen fallout begins:

    In the 9th Circuit, Young (guy wants to carry in Hawaii, Hawaii said "no can" in perfect pidgin) and Duncan (CA bans standard capacity mags) were GVR'd https://www.supremecourt.gov/orders/courtorders/063022zor_5he6.pdf

    In case anyone doesn't know: GVR means Grant Vacate Remand

    In other words,
    SCOTUS "granted" cert to both these cases, meaning SCOTUS said, "OK, we'll take a look at this case"
    SCOTUS then "vacated" the decision that the 9th Circuit made in those cases, it deleted those decisions, it is as if those decisions were not made.
    SCOTUS then "remanded" those cases, meaning it sent both those cases back to the 9th, saying, "You need a do-over here buddy, there's this new reality called the Bruen decision which will guide your thinking as you decide these cases again"

    Generally this is SCOTUS telling you that you screwed the pooch, although sometimes it is SCOTUS telling you that you did a fine job but the world has changed. The 9th is free to come to any decision, but will need to explain how its new decision is totally in-line with Bruen.
    Then, once it has arrived at its new decision, that new decision can again be appealed to SCOTUS if either party thinks it necessary.
     

    DougC

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    Thanks for the legal insight. It will take awhile to get the reciprocity right between states and laws about magazine capacity thrown out. These things take time. I remember how envious I was of FL residents in 1987 getting concealed carry. And then it took TX several legislative sessions to get CHL passed in 1995. And now we have decades later open and constitutional carry.

    I wonder which will happen sooner; better federal 2A court rulings or dems getting wiped out in elections in 2022/2024 at state/federal level and changing the laws to favor 2A.
     

    Sasquatch

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    I wonder which will happen sooner; better federal 2A court rulings or dems getting wiped out in elections in 2022/2024 at state/federal level and changing the laws to favor 2A.


    I wouldn't hold my breath about Republican law makers (can't call them representatives when they don't really do that) passing favorable 2A laws. They had that chance in the first two years of the Trump administration, and during the Bush administration. They failed to act both times. They killed the Hearing Protection Act in committee. They certainly are in no hurry to pass national carry reciprocity, they're in no mind to repeal any of the nonsense like the GCA of 68, or FOPA / Hughes Amendment, or the NFA.

    Republicans at the state level are one thing - they are more directly answerable to the people.

    Once a politician gets to DC, they forget their constituency who put them there.
     

    easy rider

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    I wonder how this will affect our drive to have states honor other states carry permits?

    Sorry, I couldn’t see the more recent posts covering this until I posted this.

    leVieux
    Well it probably won't affect states with Constitutional carry anyway. Hopefully I won't be visiting states like California, New York and New Jersey.
     
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