SCOTUS Will Hear Challenge to Crazy New York City Gun Law
Story based on Report by NRA-ILA
The U.S. Supreme Court has taken up a challenge by an NRA state affiliate to a New York City gun control scheme that effectively prohibits lawfully-licensed handgun owners from leaving the city with their own firearms. In the New York State Rifle and Pistol Association v. City of New York, NY case, the plaintiffs raise objections to the N.Y. City law, particularly that it violates the Second Amendment.
Few laws in the history of our nation, or even in contemporary times, have come close to such a sweeping prohibition on the transportation of arms. — U.S. DOJ Brief challenging N.Y. City law
Given the uniquely oppressive and bizarre nature of the challenged restrictions, many observers believe the real question in the case isn’t whether New York City will lose but on what grounds and how badly. The City itself, in fact, recently made a desperate attempt to avoid a ruling on its laws by claiming to the court that it was in the process of revising the regulations to address the issues raised in the case. The court rejected that gambit, and proceedings in the case have continued.
The Trump administration, through the U.S. Department of Justice (DOJ), has filed a brief in support of the plaintiffs. The DOJ argues that the New York City regulation is unconstitutional, because the “transport ban infringes the right to keep and bear arms guaranteed by the Second and Fourteenth Amendments.” The DOJ’s brief states the Second Amendment does not end at the property line of one’s own home.
“The Second Amendment guarantees both the right to ‘keep’ and the right to ‘bear’ firearms”, the brief states. “Read naturally, the right to ‘bear’ firearms includes the right to transport firearms outside the home; otherwise, the right to ‘bear’ would add nothing to the right to ‘keep’.”
