NYSRPA Files Brief on the Merits of their Supreme Court Case

[livingston]

NYSRPA Files Brief on the Merits of their Supreme Court Case
The New York State Rifle and Pistol Association (NYSRPA) filed a new brief in their lawsuit against New York City’s handgun laws. The case has gathered rapt attention and has the potential for a decision as sweeping as DC v. Heller more than a decade ago. This brief, filed late in the day on Tuesday, May 7th, concerns the merits of the case. Those who have been following the developments in the lawsuit carefully will find little new information contained in the filing. However, for those of us following the case closely, it’s fascinating reading.

NYSRPA Files Brief on the Merits of their Supreme Court Case

 

[livingston]

Questions Presented
The biggest and most important question presented in the filing is secondary to the case itself. The case has significantly broadened from its original basis. While the first filing with lower courts only sought to see the restrictive NYC law overturned, the filing asks the Supreme Court to apply Strict Scrutiny to all Second Amendment cases. As the filing puts it

[T]his Court should clarify that strict scrutiny applies and that the various stratagems the Second Circuit employed to dilute the right are fundamentally incompatible with the proper analysis of government infringements of a fundamental right

 

[BDinPutnam]

Thanks for the heads up, I printed this before leaving the office to read tonight.

 

[togmaster]

We have a shot at winning one. It won't end the war but a win is a win.

 

[Edwardteach72]

Hmmmm

 

[Acer-m14]

did they add in the Tax (Fee) on a RIGHT part ..

 

[oc shooter]

just maybe we win 1

 

[ProgSpear]

From the article;
“Strict Scrutiny is a 3-part test. Firstly, does the law serve a compelling governmental interest? Secondly, is the law narrowly tailored? Thirdly, is it the least restrictive means of achieving that interest?”

Requiring strict scrutiny would be a huge win for us. Even then the weak link however is what defines a “compelling governmental interest”. I have yet to see any court actually force any governmental agency to provide meaningful proof. Well, aside from Mother Jones, of course.