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Author Topic: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019  (Read 6182 times)

RMc

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NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
« on: December 02, 2019, 02:57:55 pm »
Heads up by David Hardy, found at
OF ARMS &The Law.

https://armsandthelaw.com/

Oral argument transcripts:

https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-280_m64o.pdf




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    cpaspr

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    Re: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
    « Reply #1 on: December 02, 2019, 03:56:22 pm »
    Just read it.

    The SC judges were asking good questions.  My interpretation of what I read is that it doesn't look good for the defendants (NYC).
    Oregon

    coelacanth

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    Re: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
    « Reply #2 on: December 02, 2019, 09:45:50 pm »
    Hard to say based on what's there.  Clearly the city wants to punt on the issue without being handed their justly deserved defeat.  The fact that the state legislature slapped together a law at the last minute that tried to give them some cover under a mootness argument simply means the government(s) of New York are partnering in an effort to avoid an outright defeat at SCOTUS in hopes of salvaging a work around. 
    Arizona" A republic, if you can keep it."

                                                   Benjamin Franklin

    RMc

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    Re: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
    « Reply #3 on: December 03, 2019, 05:02:58 am »
    Yes, there were quite a few instances of attorneys "dancing on the head of a legal pin."  Mostly for NYC.

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    RMc

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    Re: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
    « Reply #4 on: December 03, 2019, 05:18:16 am »
    New York City was indeed the leader of the big city firearms prohibition pack when the Sullivan Act was passed in 1911. 

    A quite readable article laying out the framework NYC's gun control machinations and the events leading to New York State Rifle & Pistol Association Inc. v. City of New York, New York can be found on the Volk Conspiracy.

    https://reason.com/2019/01/22/supreme-courts-new-second-amendment-case/

    I particularly liked the section entitled: A century of abuse by the New York Police Department
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    NukMed

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    Re: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
    « Reply #5 on: December 03, 2019, 02:29:51 pm »
    I have been following this story for a while and have a different perspective than either side in this case.  I see the whole affair as another example of dangerous Federal usurpation of power.

    A little background:  The Bill of Rights was written as an explicit limit on Federal power.  For years now, the left has used the incorporation doctrine under the 14th Amendment to apply the Bill of Rights to the states as well.  The left would like to have its cake and eat it too.  They would like to use the incorporation doctrine to spread their agenda, but conveniently forget that the 2nd Amendment is part of the Bill of Rights.  They don’t want any more of a limit on state gun control laws than they do on Federal gun control.  Those in the 2A community would like to at least see some consistency in the application of the doctrine and have gun control legislation struck down at the state level.

    The reason I say that this case is another example of Federal usurpation is because the incorporation doctrine is wrong.  Not everything is a Federal case as the left would have us believe.  The Bill of Rights applies limits to the Federal government.  State constitutions and their bills of rights define limits to the respective states’ powers.  This case should never have gone beyond the NY state supreme court.

    To be clear, I support the 2nd Amendment.  I believe that all federal gun control is unconstitutional.  I also believe in the principle of Federalism.  Each state is allowed to legislate within its sphere.  It is the responsibility of the people of each state to ensure that their state constitution protects their rights from infringement by their state.

    Does the NY state constitution have a provision protecting the right to keep and bear arms?  I don’t know and, in political terms, I don’t care.  Oh, I reserve the right to have an opinion about what NY does to its citizens, but I don’t live in NY, pay taxes in NY, or have a right to vote in NY, so I recognize that it’s none of my business what happens in NY.  I also demand that the leftists in NY and other states cease making everything a Federal issue so that they can impose their way of life on my state.

    I am looking at a bigger picture here.  Even if this turns out to be a “win” for the 2A community, it will be a loss for those of us who want our constitution restored.
    Freedom trumps fear.  Rights trump security.  Free will trumps order.

    coelacanth

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    Re: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
    « Reply #6 on: December 03, 2019, 08:32:35 pm »
    Unless and until Congress does its job vis a vis the federal court system we are unlikely to see any lessening of the leftist/statist penchant for taking everything imaginable to federal court.  Jurisdiction shopping is common today but would have been anathema to the founders as would modern readings of the establishment clause and the interstate commerce clause.   We are so far removed from what our republic was created to be the men who created it might not recognize it.   

    An entire branch of government - one that seemingly exists without any constitutional authorization and wields unprecedented power over the lives of all Americans - has grown uncontrollably for most of a century.  The federal administrative state is an unconscionable infringement on the rights of both the states and individual citizens and apparently remains unaccountable to anyone.   The amount of money required to fund it  would dwarf the entire GDP of many countries and yet it lives on in spite of congressional inability to pass a budget under regular order.  Budget by "continuing resolution" is all about continuing and nothing about resolution.   

    American politics and the attempts at governance that result from it have always been odd at the best of times but today it has become the longest running theater of the absurd in modern times.   :banghead
    Arizona" A republic, if you can keep it."

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    NukMed

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    Re: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
    « Reply #7 on: December 04, 2019, 12:26:25 pm »
    Agreed, coelocanth.

    I believe the quote below sums up my feelings on how far our republic has fallen:

    "I don't want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub."
    Grover Norquist
    Freedom trumps fear.  Rights trump security.  Free will trumps order.

    coelacanth

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    Re: NYSRPA V. NYC Oral Argument Transcripts Dec. 2nd 2019
    « Reply #8 on: December 04, 2019, 09:18:20 pm »
     :thumbup1

    On a lighter note, found this one on the internet last night, unattributed:

    When we are deprived of a sense the other senses become more acute to compensate.  That is why people with no sense of humor have a heightened sense of self importance.   :whistle
    Arizona" A republic, if you can keep it."

                                                   Benjamin Franklin

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