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New York State Rifle and Pistol Association v. New York
Supreme Court ^ | 04/27/2020 | Supreme Court

Posted on 04/27/2020 7:26:35 AM PDT by TexasGurl24

In the District Court, petitioners challenged a New York City rule regarding the transport of firearms. Petitioners claimed that the rule violated the Second Amendment. Petitioners sought declaratory and injunctive relief against enforcement of the rule insofar as the rule prevented their transport of firearms to a second home or shooting range outside of the city. The District Court and the Court of Appeals rejected petitioners’ claim. See 883 F. 3d 45 (CA2 2018). We granted certiorari. 586 U. S. ___ (2019). After we granted certiorari, the State of New York amended its firearm licensing statute, and the City amended the rule so that petitioners may now transport firearms to a second home or shooting range outside of the city, which is the precise relief that petitioners requested in the prayer for relief in their complaint. App. 48. Petitioners’ claim for declaratory and injunctive relief with respect to the City’s old rule is therefore moot. Petitioners now argue, however, that the new rule may still infringe their rights. In particular, petitioners claim that they may not be allowed to stop for coffee, gas, food, or restroom breaks on the way to their second homes or shooting ranges outside of the city. The City responds that those routine stops are entirely permissible under the new rule. We do not here decide that dispute about the new rule; as we stated in Lewis v. Continental Bank Corp., 494 U. S. 472, 482–483 (1990): “Our ordinary practice in disposing of a case that has become moot on appeal is to vacate the judgment with directions to dismiss. See, e.g., Deakins v. Monaghan, 484 U. S., at 204; United States v. Munsingwear, Inc., 340 U. S. 36, 39–40 (1950). However, in instances where the mootness is attributable to a change in the legal framework governing the case, and where the plaintiff may have some residual claim under the new framework that was understandably not asserted previously, our practice is to vacate the judgment and remand for further proceedings in which the parties may, if necessary, amend their pleadings or develop the record more fully. See Diffenderfer v. Central Baptist Church of Miami, Inc., 404 U. S. 412, 415 (1972).” Petitioners also argue that, even though they have not previously asked for damages with respect to the City’s old rule, they still could do so in this lawsuit. Petitioners did not seek damages in their complaint; indeed, the possibility of a damages claim was not raised until well into the litigation in this Court. The City argues that it is too late for petitioners to now add a claim for damages. On remand, the Court of Appeals and the District Court may consider whether petitioners may still add a claim for damages in this lawsuit with respect to New York City’s old rule. The judgment of the Court of Appeals is vacated, and the case is remanded for such proceedings as are appropriate.


TOPICS: News/Current Events; US: New York
KEYWORDS: 2ndamendment; 2ndcircuit; alito; andrewcuomo; banglist; billdeblasio; clownbammyjudge; gerardlynch; guncontrol; judiciary; justicealito; justicekavanaugh; kavanaugh; newyork; newyorkcity; nra; obamajudge; politicaljudiciary; rapinbilljudge; robertsweet; rosemarypooler; scotus; sdnewyork; secondamendment; secondcircuit; supremecourt; supremes; susancarney
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To: marktwain

A gift from George W that keeps on giving. Kinda like herpes.


21 posted on 04/27/2020 8:56:42 AM PDT by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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To: oldplayer
oldplayer :" “Roberts is a problem,” is right! You just cannot trust some of these black robed knuckleheads at all.
That Obamacare tax that wasn’t a tax travesty shines a spotlight on his empty soul."

Since the OBunger administration , and it's lock step DOJ and intelligence community were spying on the Trump pre-election,as well as post-election,
one has to wonder if they didn't also spy on selected members of the Supreme Court for the purpose of intimidation and coercion.
They weren't exactly known for following the law, much less Constitutional law, in regards to electronic surveillance of government officials.
There are certain issues in Robert's background that didn't see light until after his confirmation.

22 posted on 04/27/2020 9:01:55 AM PDT by Tilted Irish Kilt
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To: TexasGurl24; Artemis Webb; PGalt; oldplayer; Badboo; 1Old Pro; Fido969; PROCON; Repeal 16-17; ...
The thing I hate most about the FakeNews is that the cockroaches get away when the lights come on.

Let's shine some light on these vermin.

February 4, 2015:

cockroach Robert W. Sweet [Southern District of New York: D-PeanutBoy "judge"] was the scoffing POS that ruled against the New York State Rifle and Pistol Association in the first place.

Said cockroach met his maker in 2019, and is residing comfortably where he'll never get cold.

February 23, 2018:

3 more cockroaches from the Second Circuit Court of Appeals went through their lying gyrations and once again ruled 3-0 against the New York State Rifle and Pistol Association.

cockroaches from the three-"judge" panel:

Gerard Lynch [twofer - ClownBammy and Rapin Bill "judge"]

Democrat politician [1986-88] Rosemary S. Pooler [Rapin Bill "judge"]

Susan L. Carney-"Barker" [ClownBammy "judge"] - confirmed 71-28, so she is probably a totally partisan Democrat POS. Married to "jernalist" Lincoln W. Caplan, II who wrote the hypocritical elite navel-gazing piece “Should Facebook and Twitter Be Regulated Under the First Amendment?”, about why President Trump can't block people on Twitter, but it's OK to censor opponents of the Left.

After the two kangaroo courts had their little red-rubber-nosed clown shows, New York had to scramble to to change their garbage anti-gun laws so as to moot the case before the Supremes got hold of it.

Justice Alito noted their antics in his dissenting opinion:

In the District Court and the Court of Appeals, the City vigorously and successfully defended the constitutionality of its ordinance, and the law was upheld based on what we are told is the framework for reviewing Second Amendment claims that has been uniformly adopted by the Courts of Appeals.

One might have thought that the City, having convinced the lower courts that its law was consistent with Heller, would have been willing to defend its victory in this Court.

But once we granted certiorari, both the City and the State of New York sprang into action to prevent us from deciding this case.

Although the City had previously insisted that its ordinance served important public safety purposes, our grant of review apparently led to an epiphany of sorts, and the City quickly changed its ordinance.

And for good measure the State enacted a law making the old New York City ordinance illegal.

Thereafter, the City and amici supporting its position strove to have this case thrown out without briefing or argument. The City moved for dismissal “as soon as is reasonably practicable” on the ground that it had “no legal reason to file a brief.”...

===================

Just another day in the double-standard world of the Democrats and the Left.

23 posted on 04/27/2020 9:54:50 AM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: TexasGurl24
Of course there must be *some* limits on the 2nd Amendment just as there are on the 1st.But today,depending on in what state/county/city you live,those limits can range from comparatively unobtrusive and reasonable (Texas,for example) to the despicable (New York City,for example).

SCOTUS needs to address this fundamental injustice.Just as the 1st and 5th Amendments mean the same *everywhere* in the country so should the 2nd.

Anyone who has a problem with the 1st Amendment has the right to work toward its repeal.Same goes for the 2nd.

24 posted on 04/27/2020 10:02:42 AM PDT by Gay State Conservative (The Rats Can't Get Over The Fact That They Lost A Rigged Election)
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To: Badboo

I agree, we have been fighting this fascist pig since before he was elected.
We fight him every step of the way, rallies, protests, in his face confrontations.
He is so well protected when he comes here, he goes to UB and is in secured buildings.

We catch wind of him coming here and we are there in huge numbers.
He hates me, personally hates me. I have felt his wrath but fight back every time.


25 posted on 04/27/2020 10:19:59 AM PDT by The Mayor (I am outraged at your outrage toward the outrage!)
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To: TexasGurl24

Looks like Kavanaugh is prepared to strengthen Heller.


26 posted on 04/27/2020 10:20:56 AM PDT by Blood of Tyrants (Fauci wants you to believe that you get covid-19 and you die. It's fear mongering at its worst.)
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To: TexasGurl24

The court totally punted. It is disgraceful. The dissent totally eviscerates any claim of ‘mootness’. It is quite apparent that even the liberal hacks on the court were afraid of what a decision would be, and could not come up with even threadbare excuses to uphold the current law.


27 posted on 04/27/2020 10:35:56 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: kiryandil

The crap we have to put up with in NY.
We have no voice but we try


28 posted on 04/27/2020 11:19:00 AM PDT by The Mayor (I am outraged at your outrage toward the outrage!)
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