Originally Posted by mathman
Doesn't someone have to get caught up in one in order to have standing before the Supreme Court?

19 states already have versions of Red Flag Laws.

What is needed is a person "Flagged".

I can say with fair certainty many Gun Rights organizations are now hunting for a plaintiff that can withstand and is willing to file a case.

It does not have to go all the way to SCOTUS if the lower courts follow the standard demanded by SCOTUS for applying 2nd A infringements.

If the lower courts ignore the NYSRPA decision they will get overturned.

Originally Posted by SCOTUS
In sum, the Courts of Appeals’ second step is inconsistent with Heller’s historical approach and its rejection of meansend scrutiny.

We reiterate that the standard for applying the Second Amendment is as follows:

When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.

The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” K


John Burns

I have all the sources.
They can't stop the signal.