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  1. #1
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    Default SCOTUS NY Oral arguments.

    I'm sure there's a thread about this case somewhere, but looking back 2 pages didn't see one, so I thought I would post this here. Here's the link to the oral arguments in the NY State rifle and pistol vs NYC case where the city is trying to get them to dismiss it based on "mootness."

    https://www.supremecourt.gov/oral_ar...8-280_m64o.pdf




    I really like the questioning starting around page 60ish, particularly the questioning about "reasonably necessary" on 64-65.., they have no fucking idea how the decide "reasonably necessary". What gives the state the right to decide what's reasonably necessary for me at all? Their whole argument appears to be "it's up to the cop!" I believe it will come down to Roberts, again, whether or not this goes forward.
    Life has a melody.

  2. #2
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    Default Re: SCOTUS NY Oral arguments.

    Page 7-8 are really frustrating too. It demonstrates how inefficient our judicial system is. I guess no one ever claimed it was perfect. The anti's are basically saying you have to start over again with litigating the new laws, this case is moot. How frustrating.
    Life has a melody.

  3. #3
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    Default Re: SCOTUS NY Oral arguments.

    "JUSTICE GORSUCH: -- it arise -- why
    isn't the dispute still alive from the old law
    if that's a form of relief they would have
    sought and is still, despite the new law, being
    denied them? Isn't that a classic definition of
    relief that was sought but now still -- despite
    herculean, late-breaking efforts to moot the
    case, still alive?"
    Life has a melody.

  4. #4
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    Default Re: SCOTUS NY Oral arguments.

    JUSTICE ALITO: Mr. Dearing, are the
    -- are people in New York less safe now as a
    result of the enactment of the new city and
    state laws than they were before?

    MR. DEARING: We -- we -- no, I don't
    think so. We made a judgment expressed by our
    police commissioner that -- that it was
    consistent with public safety to repeal the
    prior rule and to move forward without it.

    JUSTICE ALITO: Well, if they're not
    less safe, then what possible justification
    could there have been for the old rule, which
    you have abandoned?

    MR. DEARING: It was a reasonable --
    as we've outlined in our briefs, it was a
    reasonable implementation of the -- of the state
    premises license, carry license division. I
    think -- and we've explained that there was --
    was a verification benefit to the way that that
    rule was set up. That verification benefit
    perhaps has not played out as much in practice
    as it had been predicted, and we believe the
    police can work harder and make sure that the city stays safe.


    JUSTICE ALITO: So you think the
    Second Amendment permits the imposition of a
    restriction that has no public safety benefit?




    Haha I love Alito.
    Life has a melody.

  5. #5
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    Default Re: SCOTUS NY Oral arguments.

    Please point to where the 2nd amendment permits imposition regardless of public safety benefit.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  6. #6
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    Default Re: SCOTUS NY Oral arguments.

    JUSTICE GINSBURG: One -- one problem
    with the prior regulation, if you wanted to have
    a gun in your second home, you had to buy a
    second gun. And what public safety or any other
    reasonable end is served by saying you have to
    have two guns instead of one and one of those
    guns has to be maintained in a place that is
    often unoccupied and that, therefore, more
    vulnerable to theft?
    MR. DEARING: I think that the -- the
    question on second homes, there Petitioners have
    identified a difficult application of our former
    rule that wasn't really contemplated when the
    rule was -- was adopted.




    They're on record as to not thinking through their stupid regulations.
    Life has a melody.

  7. #7
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    Default Re: SCOTUS NY Oral arguments.

    I like the way NYC changed the law in question to avoid it going to the SCOTUS.

  8. #8
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    Default Re: SCOTUS NY Oral arguments.

    Quote Originally Posted by eagleclaw View Post
    I like the way NYC changed the law in question to avoid it going to the SCOTUS.
    And said it wasn't unconstitutional.

  9. #9
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    Default Re: SCOTUS NY Oral arguments.

    Unfortunately it probably worked. It's probably going to be dismissed on mootness.
    Life has a melody.

  10. #10
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    Default Re: SCOTUS NY Oral arguments.

    Quote Originally Posted by JustinHEMI View Post
    Unfortunately it probably worked. It's probably going to be dismissed on mootness.
    Never know, and from what I have read there are a few other pro 2A cases waiting behind it.

    Maybe this Trump train will get us something nice before running off the cliff.
    Una Salus Victis Nullam Sperare Salutem

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