January 23, 2019

The SCOTUS agreed to hear an appeal in the first gun rights case they’ve taken up in nine years. 

It’s a challenge by three New York residents backed by the NRA to New York City’s ban on transporting a licensed, locked and unloaded handgun outside the city limits.  Under the law, licensed gun owners may only remove their guns from the addresses on the license to take them to authorized shooting ranges and clubs. 

 RELATED READING: SCOTUS decides against hearing appeal

One of the plaintiffs says the law bars him from taking his licensed weapon to his second home in Handcock, New York, to protect his family when they’re there.  The plaintiffs argue that New York City’s ban violates both the Second Amendment and the Commerce Clause of the Constitution that gives the US Congress the power to regulate what can be transported across state lines. 

This case, which likely won’t be heard until next October, could prove very significant.  The last time the SCOTUS heard a gun rights case in 2010, it affirmed that the Second Amendment means that individual citizens (not just “well-regulated militia” members) have the right to keep a gun in their homes.  Since then, a number of liberal local governments have tried to get around that right by inventing ever-more-restrictive laws. A ruling against New York city's law could establish a precedent for challenging others.  And the current Court includes Trump appointee Brett Kavanaugh in place of the unpredictable “swing” vote, Anthony Kennedy, so prospects for that are even better. 

Click the link for more, and to read what Justice Clarence Thomas had to say about public officials who dismiss the right of citizens to bear arms for self-defense as “antiquated and superfluous” while they’re guarded constantly by armed police.



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