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NRA, Others Urge SCOTUS To Hear N.Y. Carry Case

Mark Chesnut - comments 22 comments

Several pro-freedom organizations, including the National Rifle Association, have filed amicus briefs with the U.S. Supreme Court urging justices to take up the case of the hastily passed law lawmakers quickly passed to skirt provisions of the critical 2022 ruling in New York State Rifle & Pistol Association v. Bruen.

In response to the Bruen ruling, which confirmed that the Second Amendment protects the right to bear arms in public and set new standards for hearing Second Amendment cases, New York passed the so-called “Concealed Carry Improvement Act,” called by some the Bruen response bill, which further restricted the right to carry firearms throughout much of the state.

The case, New York State Rifle & Pistol Association v. James, has been a back-and-forth battle so far. The Second Circuit Court of Appeals upheld many of the law’s restrictions in 2023. But the Supreme Court vacated that opinion and sent the case back to the Second Circuit for reconsideration in light of the Supreme Court’s U.S. v. Rahimi decision in 2024. Upon reconsidering the case, the Second Circuit again upheld the CCIA’s restrictions.

Now, gun rights supporters are urging the Supreme Court to again take up the case, prompting the recent amicus brief filings.

In its brief, the NRA argues that in the split among the federal circuit courts over whether the understanding of the right to keep and bear arms in 1791 (when the Second Amendment was ratified) or 1868 (when the Fourteenth Amendment was ratified) controls, the Supreme Court’s precedents clearly demonstrate that the original 1791 understanding controls. Consequently, the Court should hear the case in order to quickly resolve the dispute.

“The Second Circuit held that ‘1868 and 1791 are both focal points’ of a Second Amendment analysis and that Reconstruction-Era evidence is ‘at least as relevant as evidence from the Founding Era regarding the Second Amendment itself,’” the brief states. “This decision adds to a growing circuit split over which time period controls—a split that results in disparate outcomes in otherwise similar cases. The Second Circuit’s holding—like similar holdings by other courts—is contrary to this Court’s precedents. This Court has strongly indicated that the original 1791 understanding of the Second Amendment controls and that the significance of historical evidence depends on its proximity to the Founding.”

Another organization recently asking the high court to take up the case is The Buckeye Institute, which filed a brief on behalf of Project 21, a national network of black political, civic and business leaders. 

David C. Tryon, director of litigation at The Buckeye Institute and the counsel of record on the brief, said in a press release that the law particularly violates the rights of black New Yorkers.

“For decades, black Americans and other minorities were the targets of firearms regulations that prevented them from exercising their constitutional right to bear arms,” Tryon said. “New York’s Conceal Carry Improvement Act is little more than a continuation of these discriminatory 19th-century laws.”

In its brief, The Buckeye Institute argues that New York has simply substituted “special need” with “essential character” to deny members of disfavored groups their constitutional right to keep and bear arms.

22 thoughts on “NRA, Others Urge SCOTUS To Hear N.Y. Carry Case”

  1. It’s only twenty seven words long. FOR A REASON. For how many centuries, are the elites going to try to parse it into something else

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    • Sadly, no government ever wants its own people armed, only other nations governments. Ours is no different. We’ve held onto the 2nd amendment for 250 years. Its not dead yet, but you can be certain that there will never be a time when our government will not be trying to take it away from us.

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    • And as these numerous court cases demonstrate there are those who have allowed Gun Control an agenda History Confirms is Rooted in Racism and Genocide to play cat and mouse games with a Constitutional Right…you know who you are.

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      • And they are largely correct in their dismissal of your suggestion as being irrelevant. Now try to contribute something of value.

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  2. I’m beginning to think its a good idea to ‘carry’ NY democrat politicians to the center of the Atlantic Ocean and let them swim for as long as they can. But that would not be fair to the marine life to polute their habitat with such a pile of sh1t.

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    • .40 cal Booger,

      Why limit your suggested Atlantic Ocean odyssey to just New York Democrat politicians? Why not bring along Democrat politicians from New Jersey, Maryland, Connecticut, Delaware, Massachusetts, Virginia, Michigan, Illinois, New Mexico, Colorado, California, Oregon, and Washington state as well?

      On the other hand, bringing that many Democrat politicians to the middle of the Atlantic Ocean would end up leaving a ring around the Atlantic Ocean (akin to a ring around a bath tub). I suppose it is better to limit the Atlantic Ocean to absorbing the Eastern States and Pacific Ocean to absorbing the Western states. And Lake Michigan should be large enough for the Illinois and Michigan delegations without leaving much of a ring around the lake.

      Disclaimer: my above comments are satire or “dark humor” (depending on your perspective) and not suggestions for real-world actions.

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    • The average depth of the Atlantic Ocean is 11,000 feet, or about 2.08 miles. The Titanic wreck is about 12,000 feet deep, or about 2 and a quarter miles.

      According to the google machine, it’s deepest at the Puerto Rico Trench, at about 28,000 feet, or almost 5.5 miles.

      I got my tape measure out only because I don’t think we need to go “all the way” to the center of the Atlantic for your suggestion to have merit.

      And y’know what? The creatures that live in such deep, dark, and COLD extremes? They’re not too fussy what they’ll eat.

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  3. Bruins are kept in zoo’s locked away in cages with their teeth pulled.
    Don’t forget to spay and neuter your pets.

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    • “NEW DETAILS in MASS ILLEGAL SOCIAL SECURITY ENTITLEMENT FRAUD“

      OK, what’s the name of the fraudulent recipients? Where are the Indictments filed? Is there a hearing on the charges scheduled, what court? What prosecutor is handling these cases?

      We can’t really ask Trump or Vance, only a month on the job and they’re already off on vacation, golfing and skiing while President Musk attacks Medicare and Social Security.

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      • If the payment is stopped don’t really care for the immediate present as there will be a lot of investigation to do for corrupt officials and politicians. Anything relevant or more broken talking points from fake news?

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          • I guess I shouldn’t complain that the narrative is falling apart on his end but it was at least interesting to double check moderately reasoned and articulated propaganda scripts. Will probably never know if it’s some form of mental decline of the same poster, outsourcing to an ESL, or VAIDS from a bad(well more negative really) batch of mRNA “vaccine”.

          • Their narratives are getting pretty interesting. I heard a rumor that Democrats have finally figured out that additional costs to businesses get passed on the consumer. Will they be able to retain this newly-discovered information beyond attacking Trump?

      • Mynr49 you need to chill dude.
        Set yourself down with a nice hot cup of herbal tea, turn on the stereo and fill your ears with some Captain an Toekneel.
        Musk Rat Love.

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      • Your USAID and other funding sources are being ended. Your Soros money is going to run out. Then you will either stop coming here or you’ll do it for free.

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    • That’s fine, but can we impeach Chris Christie for letting his NJ administration’s lazy procrastination get Carole Brown killed in her own driveway, with her firearm safely stored in her house only yards away while she awaited a carry permit that was never going to arrive?

      He should have been impeached after her murder. And then he should have been sued for violating her Constitutional rights, causing her death.

      Reply

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