Showing posts with label scotus. Show all posts
Showing posts with label scotus. Show all posts

26 June 2022

SCOTUS Gun Ruling and You - If you’re reading this, it probably doesn’t directly impact you.

The ruling is very simple as it does two things. Firstly, it confirms that you have the right to carry a gun in public and secondly, the last of the hold out states like Maryland and New Jersey who’s carry permits required a good reason can’t require a good reason any more. That’s it. They can still demand training, fees etc but can’t demand you show a good reason. That’s it. 

Of the 50 states, 42 of those states are Shall Issue or Constitutional Carry and in most cases, both of those. Most of America lives in those 42 states. The last of the 8 states use a May Issue system. Some of those states have counties that are fairly permissive on issuance and there’s a high chance you’ll get a permit but it's dependent on the location. The problem is mostly with a few of those 8 states like New York, Maryland, New Jersey and Hawaii and a few restrictive counties who simply never or almost never issue everyday citizens permits for general self defense reasons. The ruling forces those states into a Shall Issue system instead of a May Issue system. They can still deny a permit to violent people or persons with mental health issues and are still subject to background checks. 

Why is this a good thing? Let me give you an example. Someone I know is a realtor who has a carry permit in a Shall Issue state for specific instances. In Maryland or New Jersey, she wouldn’t be issued a permit because she can’t show a good reason. She has a good generalized reason and if she explained that reason to the average, everyday person they would likely agree it's common sense but she can’t provide tangible evidence to prove it such as court documents or police records and thus these states would deny her a carry permit. 

In reality, this ruling does affirm the in-public thing but it’s mostly focused on impacting those last few political regions where the ruling class doesn’t want you to carry a gun.

No, there won’t be Wild West gun fights on every street corner. It's not going to be Gunfight at the OK Corral (which BTW was a failure of gun control). I've had a few people say that to my face over the last 12 years and it's NEVER come true. We’ve had something like 30 years of Shall Issue permits and the Wild West argument hasn’t turned in to a thing. Making NY state fall in line won’t change that suddenly making it true. If you want to know what'll happen, take a look at Illinois after they started implementing a Shall Issue system after a similar court ruling. People got permits and almost immediately started defending themselves from criminals. It's been a big win. 

That said, there is a real probability that the mechanisms this case operates on will have a major impact on gun laws like magazine limitations and the Left's favorite boogie man, Bans on Features and Accessories for Common Rifles also known as an Assault Weapons Ban. I say this as the text of the Opinion makes room for "common" guns. At 10's of millions, I would say that semi-auto, centerfire rifles with Features are common.

What I am hoping for is a new fight in the court system that focuses on these Gun Feature Bans that ultimately results in NFA Title II weapons like Short Barrel Rifles and Shotguns and hopefully silencers being removed from the NFA. Interestingly, there are already cases in the system that we're waiting on this case to be argued. 

Fundamentally, this is a HUGE blow to Controllers here in the US. Hawaii, New Jersey and California are already getting applications for permits and have noted their head folks have instructed permitting agencies to by-pass the old Need requirement. New York is acting like a spoiled brat so we'll see how long it takes them to comply. 

05 March 2022

2022 - Will 2022 Be the Year of the Restoration of Gun Rights?

There are several court cases against the various firearms restrictions implemented by States against their People. 2021 and 2022 have the potential to be ruinous for the forces of Authoritarianism in states like California, New Jersey and New York who, for decades, have labored yearly to envision new ways to regulate firearms and infringe on the Second Amendment. It's like these states are a think tank for an infringement strategy.

The Supreme Court has opted to take several of the most important cases from these states such as a magazine ban limiting magazine capacities to 10 rounds, restrictive issuance policies regarding pistol carry permits and the ever hated but incredibly popular "Assault weapons" that are available in 90% of the rest of the US.

This could be so ruinous for Authoritarians such as Michael Bloomberg that the current President Joe Biden has created a commission to "investigate" changing the number of Supreme Court justices. Basically, the idea is to add something like four more justices to the Bench so that Biden can pick all four, stacking the deck against any "Conservative" ideals. Can't win? Cheat.


Concealed Carry Permits

New York State Rifle & Pistol Association Inc. v. Bruen is the case from New York state that is changing the restrictive concealed carry permit issuance policy that has been in place for decades. For me, this is the most important case since it will impact the average everyday Citizen in these Slave States the most. The unhindered ability for the People to exercise their Right to self-defense in those Slave States will help drive down the wildly out of control crime rate in said places.

When I did the math on this, a favorable vote for the People and the Right to Keep and Bear Arms would potentially add an additional 4 to 7 million concealed carrier permits in the areas where No Issue is the policy. The US is reportedly to have around 19 to 21 million carry permits. I'm looking forward to an additional bolstering of those numbers.


Magazine Bans

This and the AWB are the darlings of gun control in the US. They are low hanging fruit and easy to target with cheap propaganda and media manipulation. Association of N.J. Rifle PistolnClubs, Inc. v. Attorney Gen. of N.J is one of the cases that is dealing with a blanket ban on magazines with capacities over 10 rounds. Previously, a person could posses previously acquired magazines but the newest law and a similar one in CA require disposal or modification of those magazines. 

"Assault Weapons" Ban

Assault weapons is a term created by gun control advocates based on the same term for a different weapon. Generally, assault weapons are semi-auto firearms that have specific features, those guns are bad according to may Authoritarians and need to be banned. They claim it's about making it harder to commit mass shootings but these are the same people who track incidents with BB guns as shootings and ANY mass shooting with something like a traditional handgun under the guise those incidents are Sandy Hook repeats. You can commit a mass shooting with a cowboy cap and ball revolver but that doesn't really matter does it? The magazine ban case is James Miller v. Bonta. A win in the Supreme Court for the People would immediately crush the push for gun control in the US on the Federal level pretty much whole-stop. There just simply isn't much more that is as big as semi-auto firearms with those banned features that gun control advocates have pushed. 


I know I said that the carry permit case is the most important case and it is because it impacts more people on a daily basis. There are literally 10s of millions of American's who can't exercise their rights because they live in CA, HI, NY, NJ, MD, etc. Most people don't care about magazine capacity or semi-auto rifles until they need one. If it really came down to it and I needed to fight for my Rights, I can make a featureless goblin of a substitute for an AR-15 pattern rifle work. If I had to fight with a muzzle-loading rifle or club, I'd do it. Screw your anti-American, anti-Republic, Authoritarianism and your gun control.


03 OCT Update: The NY case for concealed carry is getting huge. The list of groups both pro-freedom and anti-freedom who have filed briefs is LONG. See the below page for the list.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-843.html


09 NOV Update: The Supreme Court has listened the oral arguments for the NY carry permit case. According to folks who know more about this sort of thing than I do, it isn't looking good for New York. We shouldn't expect to hear back from the Justices until sometime around summer 2022.


07 DEC Update: The California magazine ban case was upheld in the 9th Circuit which isn't a surprise. No details on if the Supreme Court has opted to pick it up yet.