Any resident of New York is no stranger to the city’s anti-gun stance. Gun owners from another state can’t even have an unloaded gun in their car, in a locked box if they’re traveling through the area and staying at a motel.

Well recently, New York implemented, then repealed, a law where even residents couldn’t take an unloaded gun, in a locked box, outside of the city limits.

In Washington, the Supreme Court plans to hear the arguments by the New York State Rifle and Pistol Association, and gun control enthusiasts are furious.

A current Supreme Court case could change the way that second amendment rights are spelled out for law abiding citizens. (USCG)

 

It’s been nearly a decade since the Supreme Court took on a case regarding the second amendment, and this week they’re planning on hearing hearing oral arguments in a dispute over a New York City gun restriction that took place that the state immediately tried to backpedal from.

Well, the Supreme Court is quite curious about why New York decided to endow themselves with the ability to frivolously enact laws that are questionable from a constitutional perspective.

The court’s willingness to take the New York case, despite New York clamoring that they pulled back on the law being discussed, has gun rights supporters feeling pretty good about a ruling that can broadly affect the right to bear arms outside the home.

This, of course, has the gun grabbers fearing the court’s conservative majority might pen some language that could inhibit New York trying anything of the ilk again. Not to mention, a favorable decision toward the second amendment could give fodder to start repealing many of the 300 gun restrictions already in place.

Here's why the Supreme Court's latest announcement is a direct threat to the Second Amendment

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Hannah Shearer, of the Giffords Law Center to Prevent Gun Violence, is one of the many anti-gun progressives who is worried about laws that blur the constitutional line getting demolished.

“What’s really on the line is our progress against gun violence and the future of life-saving gun safety laws.”

The specific ordinance in question detailed that residents with the proper permit could take a handgun outside the home to a local shooting range, as long as it was unloaded and in a locked container. Yet, any attempt to go beyond the city limits with your locked and unloaded gun would land you in jail.

Three residents had challenged the provision, showing that a locked and unloaded gun doesn’t magically become more dangerous when they’ve ventured outside their city.

The residents stated that the inability to go to shooting competitions, other firing ranges, and even second homes was a violation of their second amendment rights. The biggest shock was that two lower courts rejected their claims and upheld the law.

 

Well, New York all the sudden had a change of heart about the law once the Supreme Court agreed to take up the case. All of a sudden, the city repealed the ordinance and even passed a law prohibiting local governments in the state from enacting similar restrictions.

It was a clever move to steer the court from taking a look at just how far the second amendment goes as a right that can’t be infringed upon. The city begged the Supreme Court to dismiss the case, saying there was nothing left to review or fight since their new law gave the petitioners everything they wanted from the lawsuit already. 

Well the original petitioners, along with gun rights advocates, think otherwise, saying the creation and repeal of the law shows that the city thinks they can stop someone from legally transporting a firearm.

Paul Clement, a Washington lawyer representing the gun owners in a court filing, wrote:

“[New York’s] unwavering view that the ability to transport a licensed handgun is a matter of government-conferred privilege, rather than a constitutional right. The city has never abandoned its view that the right protected by the second amendment is a homebound right.”

While the city did make it seem like all is well with their gun laws, New York still stipulates that anyone taking a gun to a shooting range can’t make any stops along the way; that means no using a restroom along the way, no getting gas, nor can you even grab something from the drive-thru at a McDonald’s.

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Not to mention, the city also forbids taking a gun to a vacation rental house. Apparently you can’t defend yourself while vacationing.

Democratic Senator Sheldon Whitehouse filed a brief recently, but some would call it more along the lines of a threat. The brief stated that if the court agreed to hear the case, even after New York repealed the law, it would look like a partisan move.

Whitehouse isn’t pleased about the conservative majority in the courts, saying:

“The Supreme Court is not well and the people know it. Perhaps particularly on the urgent issue of gun control, a nation desperately needs it to heal.”

Senate Republicans responded to Whitehouse by calling the brief exactly what it was: a threat.

“The implication is as plain as day: Dismiss this case, or we’ll pack the court,” they said.

The court will issue its decision by the end of June. Hopefully this serves as the needed win for those simply trying to hold onto the constitutional rights.

 


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