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Groundswell of Second Amendment Cases Seems Destined for the Supreme Court
Legal Insurrection ^ | 17 Mar, 2024 | James Nault

Posted on 03/18/2024 5:42:25 AM PDT by MtnClimber

Federal courts in blue states seem to be upholding the majority of gun control laws, even after landmark Supreme Court decisions upholding the fundamental right to keep and bear arms.

We recently posted about the New York Second Amendment case challenging New York’s concealed carry permit law that requires that a permit applicant prove to a local official that he or she is of “good moral character.” Not only is this an absurd requirement (how exactly are you supposed to prove that you have “good moral character”), but even after doing so, said local official then has complete discretion on whether to approve the applicant’s permit request . . . or not. The challengers in the case just asked the U.S. Supreme Court to review the case after the Second Circuit approved the “good moral character” requirement:

From our report: Second Circuit’s Partial Upholding of New York’s Gun Carry Law Appealed to SCOTUS:

The key part of the Petition [asking the U.S. Supreme Court to review the case] is its discussion of the New York law’s requirement that New Yorkers prove that they have “good moral character” before obtaining a concealed carry permit:

[T]his case would allow this Court the opportunity to clarify that government may not selectively disarm law-abiding members of “the people” whenever licensing officials feel they are of poor character, potentially dangerous, or otherwise unworthy of enjoying the natural right to self-defense with which they were endowed by their Creator….

In Bruen, this Court rejected New York’s requirement that, to be authorized to bear arms in public, citizens first must demonstrate “proper cause” — defined as “a special need for self-protection.” Here, the panel sanctioned New York’s stand-in requirement that citizens convince licensing officials of their “good moral character” prior to licensure. As the district court explained, New York simply “replaced” proper cause with good moral character, “while retaining (and even expanding) the open-ended discretion afforded to its licensing officers….”

New York’s “good moral character” standard is…a prohibited “suitability” determination and, as the district court noted, is merely a surrogate for the “proper cause” standard that was struck down in Bruen…Indeed, under the CCIA, New York officials decide whether a person “ha[s] the essential character, temperament and judgement necessary to be entrusted with a weapon….”

It is quite difficult to understand Bruen’s criticism of “suitability” not to include “good moral character.” And it is even more difficult to believe that this Court would approve the discretionary power to deny carry licenses to “all Americans” unless they first “convince a ‘licensing officer’” of their general morality.

[bold added; italics in original]

In doing some research to see if other cases exist that are working their way through the courts, I was surprised to find out that there are — a lot of them.

Rhode Island Magazine Limit Law

For example, as reported in the Second Amendment advocacy website The Reload, a Federal Appeals Court recently upheld a Rhode Island ammo magazine ban:

Rhode Island’s ban on possessing ammunition magazines capable of holding more than ten rounds doesn’t violate the Second Amendment, a federal appeals court ruled on Friday [March 8, 2024].

SNIP

Illinois “Assault Weapon” Ban and Magazine Limit Law

SNIP

Summary

As you can see, numerous cases are either at the U.S. Supreme Court requesting review, or are likely to end up there.

Whether the Court grants review in any of these cases might individually be a longshot, but sooner or later the Court will have to take notice of the sheer volume of these cases and provide further guidance.

We will keep you updated.


TOPICS: Society
KEYWORDS: 2ndamendment; banglist; nra; scotus; secondamendment

1 posted on 03/18/2024 5:42:25 AM PDT by MtnClimber
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To: MtnClimber

So many gun laws. So many boating accidents. The Supreme Court could do much to make canoe trips safer.


2 posted on 03/18/2024 5:43:35 AM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: MtnClimber
The personal references have to go as well.

Imagine telling people they need to have two references before they can vote.

3 posted on 03/18/2024 5:46:57 AM PDT by T.B. Yoits
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To: MtnClimber
There are dozens of gun laws on the books in Massachusetts that are blatantly,despicably,unconstitutional and the legislature is about to pass another bunch...which our filthy bull dyke Governor has said she looks forward to signing. Of course the same is true in at least a few...and maybe more than a few...other states.

I guess Massachusetts politicians didn't get the hint when a gun law that the state's Supreme Court had upheld as being constitutional was struck down by SCOTUS...9-0 ("Caetano v Massachusetts"). In the decision SCOTUS said that the state Supreme Court's reasoning in their decision was "frivolous".

I guess Rat Party hacks don't mind being called "frivolous" by SCOTUS.

4 posted on 03/18/2024 5:56:03 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: T.B. Yoits
I just read that there's a law being proposed somewhere that requires a psychiatric clearance before you can buy a gun.

Imagine someone requiring a psychiatrist's letter before he can attend a Methodist Church or before he can express support for...or opposition to...The Big Guy on Facebook..

5 posted on 03/18/2024 6:00:30 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: Gay State Conservative
There are roughly ten states which are defying the Supreme Court on the exercise of rights protected by the Second Amendment. They are: California, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, Rhode Island and more variable; Washington State and Oregon.


6 posted on 03/18/2024 6:03:45 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: marktwain

Many of these cases are to bring blue states back in line, but many are also challenging older restrictions since we have a more pro-2nd Amendment SCOTUS.

Of course, a change in court composition will result in all these rulings to be over-turned.

The price of freedom is eternal vigilence.


7 posted on 03/18/2024 6:06:01 AM PDT by Erik Latranyi (This is the end of the Republic....because we could not keep it.)
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To: marktwain


8 posted on 03/18/2024 6:07:19 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: marktwain

With a plurality of States with Constitutional Carry, it should be time for the Court to just Invalidate ALL State Gun Control laws with regards to carrying a firearm.


9 posted on 03/18/2024 7:19:43 AM PDT by eyeamok
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To: eyeamok

28 or 29 states with Constitutional Carry is a clear majority, not a plurality.


10 posted on 03/18/2024 7:20:43 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: MtnClimber

Just saw a YTube video on a new Georgia law.

It says that if a business “owner” says its property is gun free, the same owner assumes all liability for any harm (physical, theft, etc) that occurs to a concealed carry person while on their property.

Nice twist. Make virtue signaling pay.


11 posted on 03/18/2024 7:53:31 AM PDT by bobbo666 (Baizuo, )
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To: bobbo666
Did the video have a bill number or a statute number?

This has been proposed a few places and times.

12 posted on 03/18/2024 7:55:40 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: MtnClimber

If you live in New York and are of good moral character —

Quick! Get out, before they make up a new law to charge you with violating!


13 posted on 03/18/2024 8:02:47 AM PDT by Flatus I. Maximus (VOTE BIDEN 2024! Too senile to stand trial but good enough to run the country!)
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To: MtnClimber

Looks like Colorado wants to sign up for a SCOTUS smack down as well.


14 posted on 03/18/2024 10:45:56 AM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: MtnClimber

In New Jersey you must “prove a need” to obtain a carry permit. And unless you’re “connected”, the proof is insufficient.

What do they fail to understand about the phrase “shall not be infringed”?


15 posted on 03/18/2024 2:12:01 PM PDT by JimRed (TERM LIMITS, NOW! Finish the damned WALL! TRUTH is the new HATE SPEECH!)
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To: MtnClimber
So many gun laws.

Every last one a violation of the Second Amendment, along with violating numerous State constitutions.

16 posted on 03/18/2024 2:15:06 PM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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