Supreme Court agrees to hear 2d Amendment case involving NYC firearm transport restrictions

Le·gal In·sur·rec·tion | 1/22/2019 | William A. Jacobson
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The Supreme Court finally has agreed to hear a 2d Amendment case, the first time since the Heller v D.C. (2008) and McDonald v. Chicago (2010) decisions.

Some of the Justices, and other commentators, have lamented the failure of the Court to take 2d Amendment cases.

February - Court - Case - California - Waiting

In February 2018, Court refused to hear a case challenging a California mandatory 10-day waiting period which had to be observed even for those who already owned guns legally and had gone through the permitting and background check. Justice Thomas wrote in dissent:

The Second Amendment protects “the right of the people to keep and bear Arms,” and the Fourteenth Amendment requires the States to respect that right, McDonald v. Chicago, 561 U. S. 742, 749–750 (2010) (plurality opinion); id., at 805 (THOMAS, J., concurring in part and concurring in judgment). Because the right to keep and bear arms is enumerated in the Constitution, courts cannot subject laws that burden it to mere rational-basis review. District of Columbia v. Heller, 554 U. S. 570, 628, n. 27 (2008).

Decision - That…

But the decision below did just that….

If a lower court treated another right so cavalierly, I have little doubt that this Court would intervene. But as evidenced by our continued inaction in this area, the Second Amendment is a disfavored right in this Court.

Business - Rights - Upon - Heller - Supra

Because I do not believe we should be in the business of choosing which constitutional rights are “really worth insisting upon,” Heller, supra, at 634, I would have granted certiorari in this case….

Our continued refusal to hear Second Amendment cases only enables this kind of defiance. We have not heard argument in a Second Amendment case for nearly eight years. Peruta v. California, 582 U. S. ___, ___ (2017) (THOMAS, J., dissenting from denial of certiorari) (slip op., at 7). And we have not clarified the standard...
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