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Written by Clarence Thomas. New York's "proper cause" requirement to obtain a concealed carry license violates the Constitution. Right to carry outside the home for self defense is constitutionally protected. The New York "proper cause" requirement violates the Constitution, Thomas explains, because it only allows public-carry licenses when an applicant shows a special need for self-defense.
Last edited by denton; 06/23/22.
Be not weary in well doing.
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Campfire Ranger
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Carpe' Scrotum
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Campfire Ranger
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Haven't read the whole thing, but it concerns me that Thomas says gun regulations must be tested if it ""is consistent with this Nation's historical tradition of firearm regulation."
Should this concern me?
Carpe' Scrotum
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Campfire Outfitter
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Standing by for 'off the chart' apoplexy............
From the lib talking heads......
"...A man's rights rest in three boxes: the ballot box, the jury box and the cartridge box..." Frederick Douglass, 1867
( . Y . )
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Campfire Tracker
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I probably hit more elk with a pickup than you have with a rifle. I have yet to see anyone claim Leupold has never had to fix an optic. I know I have sent a few back. 2 MK 6s, a VX-6, and 3 VX-111s.
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Campfire Ranger
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Standing by for 'off the chart' apoplexy............
From the lib talking heads...... Only to be shoved aside when Dobbs comes down. So maybe just the weekend.
Carpe' Scrotum
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Campfire Tracker
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Haven't read the whole thing, but it concerns me that Thomas says gun regulations must be tested if it ""is consistent with this Nation's historical tradition of firearm regulation."
Should this concern me? No. Gun control is ever-restrictive, growing increasingly draconian. 1900 gun laws were better than 2022 gun laws, no?
I probably hit more elk with a pickup than you have with a rifle. I have yet to see anyone claim Leupold has never had to fix an optic. I know I have sent a few back. 2 MK 6s, a VX-6, and 3 VX-111s.
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Campfire Outfitter
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Like Heller, the right to self defense is acknowledged.
Huge.
Sic Semper Tyrannis
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Scroll down to page 23 of the opinion.............. https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf'...the definition of 'bear' naturally encompasses public carry.....'
Last edited by Muffin; 06/23/22.
"...A man's rights rest in three boxes: the ballot box, the jury box and the cartridge box..." Frederick Douglass, 1867
( . Y . )
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Campfire Ranger
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Depends. Weren't there cites and towns that banned firearms in the 19th century? Could that be used as a basis? Or is it that only restrictions that were in place at the writing of the 2nd?
Carpe' Scrotum
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Campfire Ranger
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According to Amy Howe (Scotusblog):
The states, including New York, that had used proper cause requirements "may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall-issue States."
and
In a concurring opinion joined by the chief, Justice Kavanaugh writes that today's ruling "does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense." "In particular," he says, "the Court's decision does not affect the existing licensing regimes--known as 'shall-issue' regimes-- that are employed in 43 states."
Carpe' Scrotum
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Not an attorney, and I didn't stay at a Holiday Inn last night, but I think the key concept is that the right is protected by the plain language of 2A, and our understanding of that language is illuminated by history and tradition. I don't think it means that traditional laws are presumed to be OK.
Be not weary in well doing.
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Bottom of page 27 top of 28.....
But to the extent later history contradicts what the text says, the text controls. “‘[L]iquidating’ indeterminacies in written laws is far removed from expanding or altering them.” Gamble v. United States, 587 U. S. ___, ___ (2019) (THOMAS, J., concurring) (slip op., at 13); see also Letter from J. Madison to N. Trist (Dec. 1831), in 9 Writings of James Madison 477 (G. Hunt ed. 1910). Thus, “postratification adoption or acceptance of laws that are inconsistent with the original meaning of the constitutional text
28 NEW YORK STATE RIFLE & PISTOL ASSN., INC. v. BRUEN Opinion of the Court obviously cannot overcome or alter that text.” Heller, 670 F. 3d, at 1274, n. 6 (Kavanaugh, J., dissenting); see also Espinoza v. Montana Dept. of Revenue, 591 U. S. ___, ___
IMHO, THIS^^^^^ seems huge.
Last edited by Muffin; 06/23/22.
"...A man's rights rest in three boxes: the ballot box, the jury box and the cartridge box..." Frederick Douglass, 1867
( . Y . )
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Campfire Ranger
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Haven't read the whole thing, but it concerns me that Thomas says gun regulations must be tested if it ""is consistent with this Nation's historical tradition of firearm regulation."
Should this concern me? Depends on interpretation. To me? It means that any regulation needs to be tested against the 2nd Amendment. I agree. We do need common sense gun laws.(Oh, Crap) (Not sure giving 5 year olds a 1911 to play with is a good idea. Common sense) When the idea of common sense gets twisted by those with a different agenda, those proposals need to run into the brick wall of the Constitution. Don't matter if it's guns, government restricting travel, assembly, or Religious Worship. Just to mention some recent infringements that were never really addressed.
Parents who say they have good kids..Usually don't!
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Campfire Sage
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Written by Clarence Thomas. New York's "proper cause" requirement to obtain a concealed carry license violates the Constitution. Right to carry outside the home for self defense is constitutionally protected. The New York "proper cause" requirement violates the Constitution, Thomas explains, because it only allows public-carry licenses when an applicant shows a special need for self-defense. Cool. That will hit NYC particularly hard, since they have been in the habit of limiting concealed carry to government officials, multimillionaires, Jewish diamond merchants, and celebrities for a very long time. It's always been fairly easy to meet the "proper cause" requirement in most places in New York State outside the city.
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Campfire Kahuna
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It will be interpreted differently in red states and blue states.
Looks to me like a miss....
Molɔ̀ːn Labé Skýla!
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Biggest win ever for 2A rights at SCOTUS.
This will impact on AW bans and magazine bans.
John Burns
I have all the sources. They can't stop the signal.
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Campfire 'Bwana
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Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Campfire Kahuna
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They can still be banned on privet property.
These premises insured by a Sheltie in Training ,--- and Cooey.o "May the Good Lord take a likin' to you"
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Campfire Ranger
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NY will try to enact laws that still allow them to control the issuance of carry permits. They will then be slapped down by the courts. Just like DC tried in Heller.
Don't think the average Joe is going to get a permit anytime soon.
Carpe' Scrotum
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