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|    Supreme Court hears gun control case tha    |
|    14 Feb 21 22:54:19    |
      XPost: alt.gossip.celebrities, alt.politics.democrats.d, sac.general       XPost: alt.rush-limbaugh       From: constitution@usa.us              The Supreme Court took up its first major gun control case in       nearly a decade on Monday, hearing arguments in a dispute       between a gun advocacy group and New York over a statute that       restricted the transportation of firearms outside city limits --       even when licensed, locked and unloaded.              The city's statute was later amended but the court heard       arguments over the original measure anyway, in a case that could       have ramifications for local gun laws. The fact the high court       even considered the case -- New York State Rifle & Pistol       Association v. City of New York -- prompted a stunning complaint       earlier this year from Democratic senators, who filed a brief       essentially threatening to pack the court absent changes.              The warning underscored what could be at stake in Monday's case.              The Supreme Court has not issued a significant gun rights       decision since 2008’s District of Columbia v. Heller. Since then       the court applied Heller – which recognized the right to possess       a firearm for purposes such as home protection – to states via       the 14th Amendment in 2010’s McDonald v. City of Chicago. A 2016       ruling in Caetano v. Massachusetts, which dealt with a state ban       on stun guns, did not focus on traditional firearms but       acknowledged that the Second Amendment extends to other weapons       as well.              It's unclear whether the case before the court on Monday could       join the list of landmark Second Amendment cases.              The law in question said city residents could apply for a       "premises" license to keep a firearm in their home, but they had       to keep the weapons at home. Licensees were permitted to take       their guns to one of the seven authorized city shooting ranges       if kept in a locked container. The New York State Rifle & Pistol       Association fought the law, claiming it was unconstitutional to       keep people from bringing their weapons to second homes or       ranges outside of the city.              While the court agreed to hear the case, New York City amended       the regulation following a change in state law, removing       prohibitions against transporting locked, unloaded, licensed       firearms to homes, shooting ranges, or competitions outside the       city. The city and its supporters claimed that the change       ultimately makes the case moot.              Liberal Justices Ruth Bader Ginsburg, Elena Kagan, and Sonia       Sotomayor appeared to agree.              "The Petitioners have gotten the relief that they sought,"       Ginsburg noted during Monday's arguments. Sotomayor told       plaintiff's attorney Paul Clement that this was "a case in which       the other side has thrown in the towel and completely [given]       you every single thing you demanded in your complaint for       relief..."              Clement argued this was not the case, and that the new law is       still unclear because while it permits "continuous and       uninterrupted" transportation of firearms on their way out of       New York City, it does not address what would happen if a gun       owner, for instance, takes a coffee or bathroom break along the       way.              Sotomayor noted this is an issue with the new law, not the old       one at the center of this case. The new law has yet to be       reviewed by lower courts. Justice Stephen Breyer also said he       believes that people who stop for coffee while transporting guns       would not be prosecuted.              Conservative Justice Neil Gorsuch, however, pointed out that       stopping for coffee while transporting a gun would still have       been a problem under the old law, so this issue should be       relevant in the current case. The attorney for the city,       meanwhile, argued that such breaks "are entirely permissible,"       as the "continuous and uninterrupted" language is absent from       the state's law, which is controlling.              Deputy Solicitor General Jeffrey Wall, however, argued that the       plaintiffs could be awarded damages for economic harm suffered       while the old restrictions were in place. Ginsburg noted that       this could have been a lifeline for the plaintiffs' case, except       they never requested damages.              "They've had every opportunity to say that they want damages,       including today," Kagan pointed out, "and for whatever reason,       Mr. Clement has, you know, basically said this case is not about       damages."              What the New York State Rifle & Pistol Association really wants       is for the court to issue a ruling on the constitutionality of       the old law, which could impact future legislation.              Clement claimed that a ruling was necessary to send a message       regarding the unconstitutionality of limiting the transportation       of firearms, which could prevent future prohibitions from going       forward.                     [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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