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  1. #1
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    Default Potential firearm cases that the Supreme Court will consider this friday

    Coming this Friday

    Amy Howe, After ruling in New York gun rights case, more Second Amendment cases set for Friday conference, SCOTUSblog (Apr. 28, 2020, 2:28 PM), https://www.scotusblog.com/2020/04/a...ay-conference/


    Amy Howe Independent Contractor and Reporter
    Posted Tue, April 28th, 2020 2:28 pm
    Email Amy
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    After ruling in New York gun rights case, more Second Amendment cases set for Friday conference
    Yesterday the Supreme Court issued its long-awaited decision in a challenge to New York City’s ban on the transport of licensed handguns outside the city. Because the city had repealed the ban last summer, a majority on the court agreed with the city that the challengers’ original claims are moot – that is, no longer a live controversy. In a concurring opinion, Justice Brett Kavanaugh joined the majority in concluding that the case should go back to the lower court, but he also indicated that he shared the concern – expressed by Justice Samuel Alito in his dissenting opinion – that the lower courts “may not be properly applying” the Supreme Court’s most recent gun rights rulings, in District of Columbia v. Heller and McDonald v. City of Chicago. Therefore, Kavanaugh suggested, the Supreme Court “should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.” The court’s electronic docket reveals that Kavanaugh’s suggestion may come to fruition soon: By the end of the day yesterday, the Supreme Court had distributed for consideration at Friday’s conference 10 cases that had apparently been on hold for the New York case.

    Several themes emerge from the cases that the justices will now review on Friday. The justices are being asked to weigh in on (among other things) whether and to what extent the Second Amendment protects the right to carry a handgun outside the home for self-defense, whether state and local governments can ban assault rifles and large-capacity magazines and whether the federal ban on interstate gun sales is unconstitutional. A full list of the 10 cases distributed for Friday’s conference, as well as a brief description of the question presented in each one, follows the jump.

    We expect orders from Friday’s conference on Monday, May 4, at 9:30 a.m. EDT.

    Mance v. Barr – Whether the federal ban on interstate handgun sales violates the Second Amendment or the due process clause of the Fifth Amendment.

    Rogers v. Grewal – In a challenge to New Jersey’s handgun carry permit scheme, whether the Second Amendment protects the right to carry a handgun outside the home for self-defense; and whether the government can condition the right to carry a handgun outside the home on the showing of a special need to carry a firearm.

    Pena v. Horan – In a challenge to a California law banning most commonly used handguns, the petition asks the justices to weigh in on the scope of the Second Amendment.

    Gould v. Lipson – In a challenge to Massachusetts’ handgun carry permit scheme, whether the Second Amendment protects the right to carry a handgun outside the home for self-defense; and whether the government can condition the right to carry a handgun outside the home on the showing of a special need to carry a firearm.

    Cheeseman v. Polillo – Challenge to New Jersey handgun carry permit scheme.

    Ciolek v. New Jersey – Challenge to New Jersey handgun carry permit scheme.

    Worman v. Healey – Challenge to Massachusetts ban on the possession of assault weapons and large-capacity magazines.

    Malpasso v. Pallozzi – In a challenge to Maryland’s handgun carry permit scheme, whether the Second Amendment protects the right to carry handguns outside the home for self-defense.

    Culp v. Raoul – Whether the Second Amendment requires Illinois to allow nonresidents to apply for a concealed-carry license.

    Wilson v. Cook County – Challenge to Cook County’s ban on assault rifles and large-capacity magazines, as well as to the Second Amendment analysis used by the U.S. Court of Appeals for the 7th Circuit to uphold the ban.

    This post was originally published at Howe on the Court.

    Posted in New York State Rifle & Pistol Association Inc. v. City of New York, New York, Worman v. Healey, Malpasso v. Pallozzi, Culp v. Raoul, Wilson v. Cook County, Illinois, Mance v. Barr, Rogers v. Grewal, Pena v. Horan, Cheeseman v. Polillo, Ciolek v. New Jersey, Gould v. Lipson, Featured, Cases in the Pipeline

    Recommended Citation: Amy Howe, After ruling in New York gun rights case, more Second Amendment cases set for Friday conference, SCOTUSblog (Apr. 28, 2020, 2:28 PM), https://www.scotusblog.com/2020/04/a...ay-conference/

  2. #2
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    Default Re: Potential firearm cases that the Supreme Court will consider this friday

    WOW.


    This could be amazing..
    Or terrifying.

  3. #3
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    Default Re: Potential firearm cases that the Supreme Court will consider this friday

    I just want to see the NJ or MD challenges go through. They could be watershed cases and finally break the backs of the remaining dictatorial states. They may (wishful thinking) even help loosen the good states like PA to go constitutional carry down the road.
    Resistance to tyrants is obedience to God.

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    Default Re: Potential firearm cases that the Supreme Court will consider this friday

    Yes, those two would be the best two victories as they are the most restrictive. Knocking those two states down could really pave the way for National Carry.
    Galations 6:9...And let us not grow weary of doing good, for in due season we will reap, if we do not give up.
    Ashli Babbitt - Patriot

  5. #5
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    Default Re: Potential firearm cases that the Supreme Court will consider this friday

    Maybe, that was the reason to drop the NYC case. They want to move on to something that will have a larger effect / be a stronger ruling.

    I hope.

    And maybe they'll do more than one and kick in some liberal teeth.
    Corruptissima re publica plurimae leges

  6. #6
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    Default Re: Potential firearm cases that the Supreme Court will consider this friday

    The latest.

    https://bearingarms.com/came/2020/05...ondays-orders/

    SCOTUS Sidesteps 2A Cases In Monday’s Orders
    Posted at 10:30 am on May 4, 2020 by Cam Edwards
    SCOTUS Sidesteps 2A Cases In Monday's Orders

    After considering nearly a dozen different Second Amendment-related cases in conference on Friday, the Supreme Court released its list of orders from the conference this morning. The bad news is that the Court has not yet accepted any of the cases, but the good news is that they haven’t dismissed any of the cases either. Instead, the Court has carried over all of the cases, which means they’ll once again be heard in conference on May 14th.

    There was a lot of speculation last week that the Court would quickly agree to hear at least one of the challenges, after justices Samuel Alito, Neil Gorsuch, Clarence Thomas, and Brett Kavanaugh all stated that the Supreme Court needs to hear a Second Amendment case sooner rather than later to address lower courts’ misreading or unwillingness to abide by the Heller and McDonald decisions. The justices made their statements in opinions in the New York State Rifle & Pistol Association v. New York City case, which the court declared moot after New York City changed the gun transportation law that was being challenged.

    While it’s disappointing that the Court didn’t take up a case immediately, it’s not exactly cause for alarm. There is likely a lot of discussion among the four justices that have expressed a desire to hear a Second Amendment-related case (or cases) about which of the cases are ripe for review.

    Here’s a quick look at each of the cases currently in conference. Note that more than half of the cases before the Court deal with onerous carry laws that prohibit the average citizen from exercising their right to bear arms.

    Mance v. Barr is a case challenging the ban on interstate sales of handguns.

    Pena v. Horan is a challenge to California’s microstamping law, which took effect in 2012 and has curtailed not only the availability of new models of handguns, but has caused existing models of handguns to be barred from being sold in the state.

    Rogers v. Grewal, Cheeseman v. Polillo, and Ciolek v. New Jersey all deal with challenges to New Jersey’s carry laws and “justifiable need” requirement for a carry permit, while Malpasso v. Pallozzi takes on similar requirements in the state of Maryland.

    Culp v. Raoul challenges an Illinois law barring residents from 45 other states from applying for a non-resident concealed carry license, while Wilson v. Cook County takes on the Illinois county’s ban on modern sporting rifles.

    There are also two cases out of Massachusetts being considered by the Court; a challenge to Massachusetts’ carry laws called Gould v. Lipson Worman v. Healey and a challenge to the state’s ban on so-called assault weapons.

    Finally, there’s Beers v. Barr, a case dealing with the lifelong prohibition on firearms for those who’ve been involuntarily committed to a mental institution.

    It’s not unusual for a case to be re-listed several times before being accepted by the Court. In fact, NYSPRA v. NYC was heard in conference three times before it was accepted. Which of these cases will ultimately be heard by SCOTUS is still unknown, but I’d say the odds are good that at least one of these cases will be accepted in the not-too-distant future.

  7. #7
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    Default Re: Potential firearm cases that the Supreme Court will consider this friday

    Wow, hopefully some good news coming...

  8. #8
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    Default Re: Potential firearm cases that the Supreme Court will consider this friday

    We need national carry.

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