Saturday, May 2, 2020

The 2nd Amendment is not "Moot"

The 2nd Amendment is not moot!!

This past week the Supreme Court determined that the case New York State Rifle & Pistol Association v. New York City is moot, meaning having no practical value.  This suit was the first 2A case the court had heard in over a decade, despite states, municipalities and lower courts practically thumbing their noses at the courts ruling in the Heller case in 2008.

Since the city of New York and the state changed the laws slightly since the origination of the case, the court ruled the current case is moot.  However, the underlying issues still existed, and the case needed to be heard.  2A supporters were once again disappointed by the supposedly conservative Chief Justice Roberts.

Justice Alito's dissent argued that the central part of this case, New York City’s “premises license,” is still very much a live constitutional issue.  The issue is what a New Yorker must do to get a "premise license." 

The NYC Police Department will only issue a premises license to someone the bureaucracy thinks has a “good moral character.”  Plus residents can only submit their application and fee of $431.50 in person at One Police Plaza.  In addition, an applicant must undergo a police investigation and provide detailed information on past employment, criminal history, health questions and more.  The license, which expires after three years, can be revoked at any time for such things as laminating the license.  If New Yorkers want to continue to possess a gun in the home, the entire process begins again.

This process obviously goes against the "Right to Bear."

The good news is that there are other cases coming up that the court will have an opportunity to hear.


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