Against the backdrop of COVID-19, Stay-At-Home orders, economic distress, and people waiting for weeks to receive unemployment checks, gun rights advocates and gun control proponents have been watching and waiting for the United States Supreme Court to decide the case of NEW YORK STATE RIFLE & PISTOL ASSOCIATION, et al. v. CITY OF NEW YORK, et al.
Well, yesterday was the day. The Court’s decision should be of great interest to hunters, target-shooters, self-defense advocates, gun stores, FFLs, gun ranges, and everyone who has an opinion about firearms in America.
Although the court took the easy way out by deciding that changes to the New York law at issue made the case “moot” (there was no longer a controversy to decide), I do NOT see this as a “Partial Win For Gun Regulation” as reported by NPR, or a “blow” to “gun rights advocates” as claimed by CNN. Instead, as articulated in other media headlines, the significance of yesterday’s decision rests in the dissenting opinions.
Supreme Court watchers, political analysists, and others will certainly debate how long it will take before the Supreme Court renders a meaningful Second Amendment decision. In my opinion, it will be “soon”. How long “soon” actually is, well that is an open question. As Justice Kavanaugh interestingly stated in his opinion: ” I share Justice Alito’s concern that some federal and state courts may not be properly applying Heller and McDonald – [(two landmark 2nd Amendment cases from about one decade ago)]. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”
Stay tuned. It will be interesting beyond belief to see what pending Second Amendment case or cases the Court agrees to hear next.
As always, please remember that if you need help with any type of criminal case, the Law Office of John Freeman, PLLC remains ready to strategically fight for you in any type of state or federal criminal case.
Stay safe and stay healthy.