U.S. Supreme Court Accepts Huge Gun Case
JPFO joins as amicus curiae in critical lawsuit against tyrannical abuse
New York State Rifle & Pistol Association v. City of New York, set for Oct. 2019
Courts should not use “marginal scrutiny” and allow unconstitutional laws to stand
New York City bans taking your licensed sidearm out of the city, for any reason, and their local courts have approved of this law. After a nine-year vacuum on gun cases at the High Court, this is the perfect one to bring–straightforward, severe, a blatant violation on the right to bear arms, outrageous on its face, a raw exercise of uncontrolled power. Controversially decided in two lower courts–against the civil right to arms–that’s the nub of the case. Can lower courts operate outside strict guidelines the High Court itself has set? Can lower courts write their own law?
“New York has been treating the Second Amendment as a government permit to infringe on human and civil rights, and worse, its courts have been bowing to their leaders’ demands,” said Alan Korwin, an award-winning author and consultant to JPFO. “The Supreme Court took this case to examine that aberrant behavior.”
The Friend of the Court brief joined by JPFO emphasizes the core rights protected, calling for high-level “strict scrutiny” in cases dealing with the Second Amendment in all lower courts. Courts have been nearly criminally remiss in their actions since the Heller case said stop that in 2008, and lower courts didn’t, a widely recognized problem. “Circuit courts admit they treat the Second Amendment as a second-class right,” JPFO’s brief notes. Yet the Supreme Court insisted the Second Amendment is not a “second-class right” to be “singled out for special–and specially unfavorable–treatment,” in its Chicago v. McDonald ruling in 2010. This case scares the left.
A summary of the main points in JPFO’s brief follows.
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Jews for the Preservation of Firearms Ownership, https://www.jpfo.org is America’s most aggressive civil-rights organization, dedicated to destroying the notion of “gun control” as any kind of credible public-policy position. So-called “gun control” does not control guns and doesn’t control criminal behavior. What it does do is disarm the innocent, leaving them helpless in the face of criminals, tyrannical governments and genocide. History repeatedly proves this fact. Founded in 1989 by Aaron Zelman as a response to the Holocaust, JPFO speaks with the moral authority and tenacious commitment of survivors of persecution, and knows that surrendering your personal and family safety to government protection courts disaster. “You don’t have to be Jewish to fight by our side, you just have to love liberty.”
Backgrounder
This case has attracted 26 amicus briefs. The U.S. Dept. of Justice filed one just before the deadline, on our side, making some excellent points, summarized below. Here’s the heart of the amicus brief JPFO filed, along with five others in support of the Petitioners–New York State Rifle and Pistol Assn., et al.
• Strict scrutiny should apply in reviewing any ban on self-defense for law-abiding citizens, and to bans on training.
• Strict scrutiny is the appropriate standard for reviewing any prohibitions on law-abiding citizens, because they receive the greatest Second Amendment protections.
• Strict scrutiny is appropriate for evaluating burdens on self-defense.
• Strict scrutiny is appropriate for gauging the City’s burdens on travel and range-training.
• New York City’s travel prohibition is a very severe burden.
• Handgun rentals are no substitute for practice with one’s own gun (city police say go rent guns at other ranges).
• Target shooting is protected by the Second Amendment.
• Like other circuits, the Second Circuit has invented a unique and feeble version of intermediate scrutiny for the Second Amendment.
• The City must provide actual evidence and cannot rely instead on shoddy reasoning or data.
• Intermediate scrutiny must require consideration of substantially less burdensome alternatives.
• By jettisoning this Court’s heightened scrutiny requirements, the lower courts have adopted the freestanding interest-balancing this Court repeatedly rejected.
• Lower courts have been effectively nullifying the Second Amendment; The Second Circuit applies “rational basis” in Second Amendment cases, and the practice is spreading to other courts. (Rational basis is the lowest level and virtually no test, it basically holds that if government legally enacted something, it therefore makes sense, eliminating oversight with circular reasoning.) The Seventh Circuit shows the need for a robust, universal Second Amendment test. The right protected from state infringement by the Fourteenth Amendment has the same original meaning as the right protected from federal infringement by the Second Amendment.
• The circuit court decision upholding New York City should be reversed.
The U.S. Dept. of Justice makes these additional arguments
• The circuit court decision upholding New York City should be reversed.
• The NYC transport ban infringes the right to keep and bear arms.
• The Second Amendment protects a right to transport arms outside the home.
• The transport ban infringes the right to transport arms outside the home.
• The Court of Appeals’ reasons for upholding the transport ban are mistaken.
• The ban on transporting firearms to out-of-state ranges violates the dormant Commerce Clause, but not the right to travel.
• • • • •
Anti-gun-rights groups have also filed briefs, which JPFO will summarize in a bulletin in the near future. Concerned that the U.S. Supreme Court will overturn New York’s draconian ban on gun rights, so-called “gun-control” groups have actually pressed city police to loosen their restrictions, to make the case moot, and keep it out of the High Court. One Pulse For America, headed by former Star Trek actor George Takei’ is among those seeking to scuttle the case by asking police to eliminate the need to get a carry permit to take a household firearm out of the city, a ploy that failed.
News flash slick. Obama isn’t President.
NOPE ! Not as far as I`m concerned. Only Congress can end our 2nd Amendment. Even then, if they do ? I will NOT submit. Y`all can hide under your beds, hide your guns, turn them in, whatever. It is a natural law, that every creature has it`s own unique ability to defend itself. No man can take it away, unless we give him the right to do so. We are endowed by our creator, the ability to create our own means of defense. Politicians have seriously discussed eliminating our guns by attrition. ie. , no repair parts. No doubt special license would be granted to heavily monitored machine shops. It is imperative that the Communist`s be stopped.
Past time for polite talk to politicians . Stop the mealy mouthed,scared,carefully worded comments. These Communist politicians absolutely must be put out of office. They will push our backs to the wall, then …..shoot. Y`all can be nice & polite if you want to. I will not bend my knee, or submit to their authority. If they ‘ get away’ with this,
They already have. They’ve made it so onerous to obtain and possess a firearm that it doesn’t make much sense to even fool with it. OTOH, New Yorkers voted these bums into office. So shall you sow, so shall you reap.
I’ve seen crazier more stupid things happen ,just look at the lying idiotic MF in the White House!lol
The lying idiotic Kenyan Maternal Fornicator is gone from the illegitimate occupancy of the White House. We have an American in there now. Wake up and smell the coffee. The lying idiot MF is in Gracy Mansion. Installed by the A-holes who now get what they deserve.
The question is not if the can do it, the real question is who can stop them?
Cuomo and Deblasio have no respect for our constitutional rights. And please, don’t insult New York gun owners by telling us that the NRA is fighting for us!
Read this from the Net:
“Once a statute is determined to be unconstitutional, no private citizen or division of the state may take any further action pursuant to its provisions. A contract that rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. No one is bound to obey an unconstitutional law, and no courts are bound to enforce it. A law contrary to the United States Constitution may not be enforced. Once a statute has been declared unconstitutional, courts thereafter have no jurisdiction over alleged violations. Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid.”
Where is the Constitutional authority to INFRINGE our gun Rights by any level of govt? “Citizens” are the subjects (slaves) of govt., look it up and see for yourselves, it’s all public information, there to see and understand. Forfeiture of our unalienable Rights is treason and should be treated harshly. Public officials do not run the nation, WE THE PEOPLE DO.
REPLY LINK
Registration and transportation laws are the first steps toward confiscation.
MAY YAHWEH (GOD) BLESS AMERICA AND KEEP HER SAFE!
There is a mental sickness in NYC ! For proof check out, Jerry Nadler, C. Shumer, AOC, etc.. The actions of these disturbed people speak of their disregard for our rights as granted by Gawd and America’s founding fathers ! The lower courts have violated these rights yet walk the streets as free people, ??? my question is can these people be charged for , treason, conspiracy to commit treason, sedition, etc. ? What is the penalty for attempting to over throw our rights as guaranteed by Americas founding fathers ? Why haven’t the lower court judges been arrested ?
There is a mental sickness in NYC ! For proof check out, Jerry Nadler, C. Shumer, AOC, etc.. The actions of these disturbed people speak of their disregard for our rights as granted by Gawd and America’s founding fathers ! The lower courts have violated these rights yet walk the streets as free people, ??? My question is can these people be charged for , treason, conspiracy to commit treason, sedition, etc. ? What is the penalty for attempting to over throw our rights as guaranteed by Americas founding fathers ? Why haven’t these lower court judges been arrested ?
How can a state or municipality ban a federal law imbedded in
the supreme law of America, the Constitution, especially where
the states Constitutions must be in line with the National Constitution?
(Only one way that is legal, and that ain’t gong to happen)
Can New York City Ban Your Right to Bear Arms? Yes, if you are foolish enough to live there.
It is sad to watch states of the original 13 colonies become liberal cesspools, and marginalize the Constitutional rights that so many Americans fought and died for. They are a disgusting example of what happens when you become infected by the disease called Liberalism.