Harwood Loomis
26th April 2021, 18:52
Supreme Court to Hear 2nd Amendment Case
By Harwood Loomis for The M1911 Pistols Organization
It was recently announced (as of late April) that the Supreme Court has agreed to hear the case of NY State Rifle & Pistol Assoc. et al. v. Corlett, et al. This will be the first 2nd Amendment case the Supreme Court has heard since McDonald in 2010, so it should be very interesting to watch.
As originally formulated, the case asked “whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.” In agreeing to hear the case, the justices announced that they will only resolve a more narrow question: “whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”
For readers who are not familiar with New York state’s permitting scheme, it is a “may issue” system under which (except for New York City itself) carry permits are issued by judges on a county-by-county basis. Judges issue permits only if the applicant can show a need, with the result being that unrestricted permits to carry for self defense are virtually unheard of. The vast majority of permits in New York State are limited to transporting firearms to and from a shooting range for sporting purposes.
A link to the particulars of the case can be found here: https://www.scotusblog.com/case-files/cases/new-york-state-rifle-pistol-association-inc-v-corlett/.
Several parties have already files Amicus Curiae briefs in the case. Of note is that a consortium of states (Arizona, Missouri, and 21 other states) filed an amicus brief supporting the NYRPA (the petitioners). In their brief, those states argued (among other thangs) that “Right-To-Carry” and “Shall-Issue” Permit Regimes Decrease Crime And Increase Safety.” They also argue that “The Original Public Meaning of the Second Amendment Protects the Right to Bear Arms in Self-Defense Outside the Home.”
Another amicus brief in support of the petitioners was filed by a group that includes several law enforcement associations, along with several state-level gun rights organizations. There are (so far) several other amicus briefs in support of the NYSRPA and (again, so far) only one in support of New York State — and that one is, to my layman’s, non-lawyerly eye, rather weak.
This case is definitely one to be aware of, and to keep an eye on.
Please go to this thread on the M1911 Pistols Organization discussion forum to discuss this article: https://forum.m1911.org/showthread.php?111893-Supreme-Court-Agrees-to-Hear-Second-Amendment-Case-discussion-thread&p=1007454#post1007454
Find us on : http://forum.m1911.org/images/buttons/facebook2.png (http://www.facebook.com/m1911.org) [url=http://www.twitter.com/M1911ORG][img]http://forum.m1911.org/images
By Harwood Loomis for The M1911 Pistols Organization
It was recently announced (as of late April) that the Supreme Court has agreed to hear the case of NY State Rifle & Pistol Assoc. et al. v. Corlett, et al. This will be the first 2nd Amendment case the Supreme Court has heard since McDonald in 2010, so it should be very interesting to watch.
As originally formulated, the case asked “whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.” In agreeing to hear the case, the justices announced that they will only resolve a more narrow question: “whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”
For readers who are not familiar with New York state’s permitting scheme, it is a “may issue” system under which (except for New York City itself) carry permits are issued by judges on a county-by-county basis. Judges issue permits only if the applicant can show a need, with the result being that unrestricted permits to carry for self defense are virtually unheard of. The vast majority of permits in New York State are limited to transporting firearms to and from a shooting range for sporting purposes.
A link to the particulars of the case can be found here: https://www.scotusblog.com/case-files/cases/new-york-state-rifle-pistol-association-inc-v-corlett/.
Several parties have already files Amicus Curiae briefs in the case. Of note is that a consortium of states (Arizona, Missouri, and 21 other states) filed an amicus brief supporting the NYRPA (the petitioners). In their brief, those states argued (among other thangs) that “Right-To-Carry” and “Shall-Issue” Permit Regimes Decrease Crime And Increase Safety.” They also argue that “The Original Public Meaning of the Second Amendment Protects the Right to Bear Arms in Self-Defense Outside the Home.”
Another amicus brief in support of the petitioners was filed by a group that includes several law enforcement associations, along with several state-level gun rights organizations. There are (so far) several other amicus briefs in support of the NYSRPA and (again, so far) only one in support of New York State — and that one is, to my layman’s, non-lawyerly eye, rather weak.
This case is definitely one to be aware of, and to keep an eye on.
Please go to this thread on the M1911 Pistols Organization discussion forum to discuss this article: https://forum.m1911.org/showthread.php?111893-Supreme-Court-Agrees-to-Hear-Second-Amendment-Case-discussion-thread&p=1007454#post1007454
Find us on : http://forum.m1911.org/images/buttons/facebook2.png (http://www.facebook.com/m1911.org) [url=http://www.twitter.com/M1911ORG][img]http://forum.m1911.org/images