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

C_Clayton_Jones

Diamond Member
Apr 28, 2011
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In a Republic, actually
‘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.
 
‘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.
That law will be the next one tossed to the curb.
 
"Shall not be infringed" is an enigma wrapped in a riddle to proglodytes.
They must like getting bitch slapped in NY
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.
 
As noted, then it gets to the courts.
But to what end?

‘In a concurring opinion joined by Chief Justice John Roberts, Justice Brett Kavanaugh sought to portray the scope of Thursday’s decision as limited. The ruling will not bar states from imposing any licensing requirements, Kavanaugh contended. There are 43 states, he noted, that use licensing schemes that include requirements such as background checks, firearms training, a check of mental health records, and fingerprinting. Such schemes are objective, Kavanaugh explained, rather than granting “open-ended discretion to licensing officials” and requiring “a showing of some special need apart from self-defense.”

Indeed, he continued, the Second Amendment “allows a ‘variety’ of gun regulations.” Kavanaugh quoted at length from the late Justice Antonin Scalia’s opinion for the court in District of Columbia v. Heller, the 2008 opinion affirming the right to keep a handgun in the home for self-defense. “[N]othing in our opinion,” Scalia wrote, “should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”’


It's unlikely the Court will want to venture into the tall weeds of what constitutes a ‘sensitive place’ and what does not.

Indeed, conservatives should learn from this mistake – to do as they’ve preached for decades: seek relief from government excess and overreach not via lawsuits but through the political process and democratic consensus.
 
Or not.

If conservatives were smart (!) they’d stay out of the courts and try to enact change through consensus and compromise.
Good luck with that one

They have the TRUMPCourt in their pocket and will use them to rubber stamp any grievance
 
But to what end?

‘In a concurring opinion joined by Chief Justice John Roberts, Justice Brett Kavanaugh sought to portray the scope of Thursday’s decision as limited. The ruling will not bar states from imposing any licensing requirements, Kavanaugh contended. There are 43 states, he noted, that use licensing schemes that include requirements such as background checks, firearms training, a check of mental health records, and fingerprinting. Such schemes are objective, Kavanaugh explained, rather than granting “open-ended discretion to licensing officials” and requiring “a showing of some special need apart from self-defense.”

Indeed, he continued, the Second Amendment “allows a ‘variety’ of gun regulations.” Kavanaugh quoted at length from the late Justice Antonin Scalia’s opinion for the court in District of Columbia v. Heller, the 2008 opinion affirming the right to keep a handgun in the home for self-defense. “[N]othing in our opinion,” Scalia wrote, “should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”’


It's unlikely the Court will want to venture into the tall weeds of what constitutes a ‘sensitive place’ and what does not.

Indeed, conservatives should learn from this mistake – to do as they’ve preached for decades: seek relief from government excess and overreach not via lawsuits but through the political process and democratic consensus.

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.
 
But to what end?

‘In a concurring opinion joined by Chief Justice John Roberts, Justice Brett Kavanaugh sought to portray the scope of Thursday’s decision as limited. The ruling will not bar states from imposing any licensing requirements, Kavanaugh contended. There are 43 states, he noted, that use licensing schemes that include requirements such as background checks, firearms training, a check of mental health records, and fingerprinting. Such schemes are objective, Kavanaugh explained, rather than granting “open-ended discretion to licensing officials” and requiring “a showing of some special need apart from self-defense.”

Indeed, he continued, the Second Amendment “allows a ‘variety’ of gun regulations.” Kavanaugh quoted at length from the late Justice Antonin Scalia’s opinion for the court in District of Columbia v. Heller, the 2008 opinion affirming the right to keep a handgun in the home for self-defense. “[N]othing in our opinion,” Scalia wrote, “should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”’


It's unlikely the Court will want to venture into the tall weeds of what constitutes a ‘sensitive place’ and what does not.

Indeed, conservatives should learn from this mistake – to do as they’ve preached for decades: seek relief from government excess and overreach not via lawsuits but through the political process and democratic consensus.
It is highly likely that the intent of the Court's prior ruling is being circumvented by defining EVERYTHING as a sensitive place.

But keep on wishing, gun grabber.
 
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.

When are you going to stop ignoring the founding father statements about the right to bear arms?

“A free people ought not only to be armed, but disciplined…” – George Washington, First Annual Address, to both House of Congress, January 8, 1790

“No free man shall ever be debarred the use of arms.” – Thomas Jefferson, Virginia Constitution, Draft 1, 1776

“I prefer dangerous freedom over peaceful slavery.” – Thomas Jefferson, letter to James Madison, January 30, 1787

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.” – Thomas Jefferson, letter to James Madison, December 20, 1787

“The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes…. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” – Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776

“A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” – Thomas Jefferson, letter to Peter Carr, August 19, 1785

“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.” – Thomas Jefferson, letter to John Cartwright, 5 June 1824

“On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed.” – Thomas Jefferson, letter to William Johnson, 12 June 1823

“I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence … I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy.” – Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” – Benjamin Franklin, Historical Review of Pennsylvania, 1759

“To disarm the people…s the most effectual way to enslave them.” – George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788

“I ask who are the militia? They consist now of the whole people, except a few public officers.” – George Mason, Address to the Virginia Ratifying Convention, June 4, 1788

“Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.” – Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787

“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.” – James Madison, Federalist No. 46, January 29, 1788

“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.” – James Madison, I Annals of Congress 434, June 8, 1789

“…the ultimate authority, wherever the derivative may be found, resides in the people alone…” – James Madison, Federalist No. 46, January 29, 1788

“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.” – William Pitt (the Younger), Speech in the House of Commons, November 18, 1783

“A militia when properly formed are in fact the people themselves…and include, according to the past and general usuage of the states, all men capable of bearing arms… “To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.” – Richard Henry Lee, Federal Farmer No. 18, January 25, 1788

“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…. The great object is that every man be armed. Everyone who is able might have a gun.” – Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778

“This may be considered as the true palladium of liberty…. The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” – St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803

“The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like law, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance of power is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.” – Thomas Paine, “Thoughts on Defensive War” in Pennsylvania Magazine, July 1775

“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.” – Samuel Adams, Massachusetts Ratifying Convention, 1788

“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” – Joseph Story, Commentaries on the Constitution of the United States, 1833

“What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty …. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.” – Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789

“For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.” – Alexander Hamilton, Federalist No. 25, December 21, 1787

“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.” – Alexander Hamilton, Federalist No. 28

f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.” – Alexander Hamilton, Federalist No. 28, January 10, 1788

“As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.” – Tench Coxe, Philadelphia Federal Gazette, June 18, 1789
 
When are you going to stop ignoring the founding father statements about the second amendment?

“A free people ought not only to be armed, but disciplined…” – George Washington, First Annual Address, to both House of Congress, January 8, 1790

“No free man shall ever be debarred the use of arms.” – Thomas Jefferson, Virginia Constitution, Draft 1, 1776

“I prefer dangerous freedom over peaceful slavery.” – Thomas Jefferson, letter to James Madison, January 30, 1787

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.” – Thomas Jefferson, letter to James Madison, December 20, 1787

“The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes…. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” – Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776

“A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” – Thomas Jefferson, letter to Peter Carr, August 19, 1785

“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.” – Thomas Jefferson, letter to John Cartwright, 5 June 1824

“On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed.” – Thomas Jefferson, letter to William Johnson, 12 June 1823

“I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence … I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy.” – Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” – Benjamin Franklin, Historical Review of Pennsylvania, 1759

“To disarm the people…s the most effectual way to enslave them.” – George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788

“I ask who are the militia? They consist now of the whole people, except a few public officers.” – George Mason, Address to the Virginia Ratifying Convention, June 4, 1788

“Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.” – Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787

“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.” – James Madison, Federalist No. 46, January 29, 1788















“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.” – James Madison, I Annals of Congress 434, June 8, 1789

“…the ultimate authority, wherever the derivative may be found, resides in the people alone…” – James Madison, Federalist No. 46, January 29, 1788

“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.” – William Pitt (the Younger), Speech in the House of Commons, November 18, 1783

“A militia when properly formed are in fact the people themselves…and include, according to the past and general usuage of the states, all men capable of bearing arms… “To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.” – Richard Henry Lee, Federal Farmer No. 18, January 25, 1788

“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…. The great object is that every man be armed. Everyone who is able might have a gun.” – Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778

“This may be considered as the true palladium of liberty…. The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” – St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803

“The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like law, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance of power is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.” – Thomas Paine, “Thoughts on Defensive War” in Pennsylvania Magazine, July 1775

“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.” – Samuel Adams, Massachusetts Ratifying Convention, 1788

“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” – Joseph Story, Commentaries on the Constitution of the United States, 1833

“What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty …. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.” – Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789

“For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.” – Alexander Hamilton, Federalist No. 25, December 21, 1787















“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.” – Alexander Hamilton, Federalist No. 28

f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.” – Alexander Hamilton, Federalist No. 28, January 10, 1788

“As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.” – Tench Coxe, Philadelphia Federal Gazette, June 18, 1789
Game.
Set.
Match.

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

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