New York State Rifle & Pistol Association v. Bruen: The Right’s Miscalculation

First two clauses “A well regulated Militia, being necessary to the security of a free State“ appears to regularly escape tbe notice of the retardican gun cult.
.

The Second Amendment grants the People, not the Militia. the right to bear arms that shall not be infringed ...
And only a devout Authoritarian Fascist Priestess or Priest could screw up that interpretation.

.
 
Good luck with that one

They have the TRUMPCourt in their pocket and will use them to rubber stamp any grievance
The problem for the right is that a ‘conservative’ Court is a double-edged sword – particularly when it comes to gun cases.

Of course, if the Court were truly ‘conservative’ it would have respected “states’ rights” and ruled in favor of New York.
 
The problem for the right is that a ‘conservative’ Court is a double-edged sword – particularly when it comes to gun cases.

Of course, if the Court were truly ‘conservative’ it would have respected “states’ rights” and ruled in favor of New York.

States rights don't apply to things listed in the Constitution. Just like states can't enforce immigration.
 
This is interesting and especially interesting coming from a Supreme Court justice. This is the thing that makes me stay and discuss useless topics. This is something I have missed.

I can't fathom that Roberts argued the 2nd allows restrictions like with a felon. It does NOT. Other parts of the Constitution explains how one can have their Constitutional rights removed through due process but that part is not in the 2nd.

Do I believe the court, even this court will turn away all restrictions? No, I believe they may uphold restrictions in things like court houses or schools but I don't think they will uphold restrictions in large public areas.
Again, the issue isn’t what the Court may or may not do.

The issue is will conservatives learn from this mistake and use democratic consensus to change the law – small, incremental change through the political process as they’ve advocated for for decades.
 
The problem for the right is that a ‘conservative’ Court is a double-edged sword – particularly when it comes to gun cases.

Of course, if the Court were truly ‘conservative’ it would have respected “states’ rights” and ruled in favor of New York.
But that is a Constitutional right the state has little control over.
We have the right to keep & BEAR arms.
"Shall not be infringed"
 
Again, the issue isn’t what the Court may or may not do.

The issue is will conservatives learn from this mistake and use democratic consensus to change the law – small, incremental change through the political process as they’ve advocated for for decades.

You mean change the Constitution? No, I don't see that happening.
 
First two clauses “A well regulated Militia, being necessary to the security of a free State“ appears to regularly escape tbe notice of the retardican gun cult.
That's an encouragement for the states to keep the men combat ready & in no way limits the right of the people to keep & bear arms, which is the part that shall not be infringed.
Change the Constitution if you don't like it.
You could add something about baby murder while you're at it.
I think those are both winners you all should run with.
You'll sound like a genius to the other proggies in the safe space
 
Game.
Set.
Match.

Some people should be executed for defying the intent of the 2A.

There is more but this should make you happy, an excerpt of the paper:

Madison, Federalist # 46 and gun rights​

James_madison"Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it."
James Madison (Publius) in Federalist Paper #46
arguing for the ratification of the present Constitution including the Second amendment.
 
States rights don't apply to things listed in the Constitution. Just like states can't enforce immigration.
Incorrect.

Roe v. Wade was overturned predicated on “states’ rights.”

Conservatives will seek to overturn Obergefell using “states’ rights” as ‘justification.’

If the states have the right to ban abortion or prohibit same-sex marriage, then they likewise have the right regulate firearms as they see fit.

The right to privacy and the individual right to possess a firearm are both in the Constitution – it’s conservative courts’ inconsistent application of “states’ rights” that’s at issue.

Conservatives can’t have it both ways.
 
Incorrect.

Roe v. Wade was overturned predicated on “states’ rights.”

Conservatives will seek to overturn Obergefell using “states’ rights” as ‘justification.’

If the states have the right to ban abortion or prohibit same-sex marriage, then they likewise have the right regulate firearms as they see fit.

The right to privacy and the individual right to possess a firearm are both in the Constitution – it’s conservative courts’ inconsistent application of “states’ rights” that’s at issue.

Conservatives can’t have it both ways.
The right to privacy and the individual right to possess a firearm are both in the Constitution –

the right to abortion is not.
 
You mean change the Constitution? No, I don't see that happening.
No – not change the Constitution.

For example, Republicans in New York need to campaign on the issue.

Residents of the state need to petition the State government to change the laws, to remove from office elected officials who enacted the laws, and elect Republican representatives to replace Democrats to have the laws repealed.

Conservatives have been preaching this for decades – they need to practice what they preach.
 
Incorrect.

Roe v. Wade was overturned predicated on “states’ rights.”

Conservatives will seek to overturn Obergefell using “states’ rights” as ‘justification.’

If the states have the right to ban abortion or prohibit same-sex marriage, then they likewise have the right regulate firearms as they see fit.

The right to privacy and the individual right to possess a firearm are both in the Constitution – it’s conservative courts’ inconsistent application of “states’ rights” that’s at issue.

Conservatives can’t have it both ways.

Abortion is one of the most complicated case the court could rule on. I've said, my beliefs aside I could understand the argument either way.

The Constitution clearly does not mention abortion. The Constitution does address privacy. While not using that word, the 4th is all about privacy.

We have expressly protecting those rights even including health care. The issue revolves around whether you believe there is a separate life worth protecting or not. Some do, some do not. If you believe it is, then the Constitutional privacy protections do not apply.
 
‘The new law lays out a strict licensing process to obtain a concealed-carry permit and a list of locations deemed “sensitive” – including Times Square – where firearm possession will be illegal, according to the legislative text. Other areas defined as sensitive include government-owned buildings, schools, health care facilities, places of worship and public transportation. People who carry a gun in a prohibited location could be charged with a felony under the law.’
I attend a "Place of Worship" which has a volunteer security team, some of which a CWP holders. The church isn't protected by gun free zone signs; it's protected by church members that are packing heat.
 
‘The new law lays out a strict licensing process to obtain a concealed-carry permit and a list of locations deemed “sensitive” – including Times Square – where firearm possession will be illegal, according to the legislative text. Other areas defined as sensitive include government-owned buildings, schools, health care facilities, places of worship and public transportation. People who carry a gun in a prohibited location could be charged with a felony under the law.’


In essence, the State will simply designate all manner venues sensitive places where firearms are prohibited. Residents may carry concealed firearms but with no place to go.

Needless to say, conservatives will attempt to advance the lie that ‘anti-gun’ Democrats are trying to ‘disarm’ residents of the State – when in fact nothing could be further from the truth.

The fact is that this miscalculation and political blunder on the part of the right is the consequence of forcing change through judicial fiat rather than democratic consensus – conservatives doing what they’ve complained about for decades: “activist judges and tyrants in black robes legislating from the bench contrary to the will of the people.”

Another lawsuit?

That will be a difficult case to make given the Bruen Court’s reaffirming the authority of government to regulate firearms in sensitive places where guns may be prohibited.

Mehh. Concealed means concealed.
 
The problem for the right is that a ‘conservative’ Court is a double-edged sword – particularly when it comes to gun cases.

Of course, if the Court were truly ‘conservative’ it would have respected “states’ rights” and ruled in favor of New York.

I gather you do not support the 14th Amendment and the endeavor to restrict states from violating federally recognized and protected rights?

Are you really arguing New York has been legitimately exercising a "state's right" to write and enforce those very restrictive laws that violate the right to arms, as recognized and secured by the 2nd Amendment?

In NYSRPA, there was no dispute* that the right to carry a firearm for self-defense guaranteed by the Second Amendment was not limited to the home.

That SCOTUS upheld their precedent and held that the right to bear arms --is the right to carry arms in public for self defense-- and NY's restrictive scheme violated that right, is not wild, right-wing activism.

That NY is now trying to expand "sensitive places" to an absurd degree, was foreseen by the Court; I read NYSRP v Bruen as foreclosing exactly the bullshit NY is attempting (see pg's 21 & 22).

So again, is it really your position that the 14th Amendment has no effect in bringing NY into alignment with the 2nd Amendment, that NY possesses a "state's right" to violate what NY admits is the right secured by the 2nd Amendment?
__________________


* NY, in their brief in opposition to the petition for a writ of certiorari, cited four federal Circuit decisions upholding various "good cause" requirements for carry licenses. In doing so, they concede that those courts all say SCOTUS in Heller stands on the principle that the 2nd Amendment protects a right to carry a gun outside the home, see page 9:

"All of these courts proceeded on the understanding that the Second Amendment right applies outside the home. The First Circuit explained that while this Court’s decisions in Heller and McDonald invalidated laws that prohibited the possession of firearms in the home, the Court’s reasoning “impl[ied] that the right to carry a firearm for self-defense guaranteed by the Second Amendment is not limited to the home.”​
 
Abortion is one of the most complicated case the court could rule on. I've said, my beliefs aside I could understand the argument either way.

The Constitution clearly does not mention abortion. The Constitution does address privacy. While not using that word, the 4th is all about privacy.

We have expressly protecting those rights even including health care. The issue revolves around whether you believe there is a separate life worth protecting or not. Some do, some do not. If you believe it is, then the Constitutional privacy protections do not apply.
No one said it did.

The Constitution codifies a right to privacy, prohibiting government from dictating to citizens whether they may have a child or not – such as compelling women to give birth by ‘banning’ abortion.

That the word ‘privacy’ is not in the Constitution is irrelevant – it’s there because the Supreme Court says it’s there.

Likewise, nowhere in the Second Amendment will one find the words ‘individual’ or ‘self-defense’ – but they’re there because the Supreme Court has ruled that they are.

And because abortion is one of the most complicated cases the court could rule on, the Roe Court was wise to acknowledge the right to privacy and allow individuals to decide for themselves, not the state.

Indeed, whether one believes there is a separate life worth protecting or not – that because it is belief, personal and subjective, government clearly lacks the capacity and authority to decide for citizens something so personal and subjective.
 
If the states have the right to ban abortion or prohibit same-sex marriage, then they likewise have the right regulate firearms as they see fit.

There is nothing anywhere in the Constitution that even hints at any “right” to murder innocent children in cold blood.

There is nothing, anywhere in the Constitution that hints at any “right” for a disgusting homosexual mockery of marriage to be treated as anything at all comparable to a genuine marriage.

The people's right to keep and bear arms, however, is explicitly stated and protected in the Second Amendment, with government being forbidden from infringing this right.
 
I attend a "Place of Worship" which has a volunteer security team, some of which a CWP holders. The church isn't protected by gun free zone signs; it's protected by church members that are packing heat.
Again, the purpose of the thread isn’t to rehash the merits of Bruen – a ruling I agree with, however ridiculous, flawed, and wrongheaded its reasoning.

The purpose of the thread is to illustrate the incompetence of the right, that ham-handed conservatives have botched the entire issue by failing to pursue incremental change via democratic consensus.
 

Forum List

Back
Top