https://www.usatoday.com/story/news/...se/2482910002/
I’m wondering the implications.....
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https://www.usatoday.com/story/news/...se/2482910002/
I’m wondering the implications.....
This is one case I wouldn't want to speculate about what the outcome might be.
Anybody with some expertise care to predict what will happen?
About time the SC grew a pair and accepted a 2A case.
Will Amy Barrett be conformed by then?
RBG clearly won’t be weighing in on this one, but what if it’s only 8 justices.
^^^then a tie is the worst that is likely to happen
I have a feeling that this case has the highest batting average of any NY laws thus far. I'm confident this will get ruled the right way. With the exception of Roberts, the 4 conservative justices are pretty reliable on guns, and even Roberts ruled in favor of Heller and McDonald. I'm just not sure how he'll rule on carry outside the home or assault weapons though. This may be a good litmus test to see if the current make up of the court is good for further attempts at challenging anti-gun laws.
They can definitely tailor this one narrowly and probably don't even need to address the 2nd Amendment/Heller at all to strike it down if they want, except maybe for the (constitutional) standard of review. Does the city have the right to prohibit you from removing lawfully obtained and owned property from the city? No, if other constitutional conditions generally applicable to tangible property have been met, e.g., paid taxes on it. This probably wouldn't even meet a "rational interest" standard, let alone "strict scrutiny".
That law seems to be on pretty shaky ground, as some pointed out, it might not even be a 2A case, but in light of McDonald, I don't see hw it can stand. I think it is a good place to start- something on the edge instead of machine-guns for all or something. SCOTUS won't make big cases anyways - but we really have to get this going. People talk about RBG, but real the ticking time bomb is Thomas- and some banal part of a jet engine that carries SCOTUS members, or even a simple traffic accident.