US: Supreme Court to hear appeal over former NYPD rule that barred gun owners from transporting firearms out of the city - - PressFrom - US
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US Supreme Court to hear appeal over former NYPD rule that barred gun owners from transporting firearms out of the city

09:40  01 december  2019
09:40  01 december  2019 Source:   nydailynews.com

Demonstrators gather as U.S. Supreme Court hears major gun case

  Demonstrators gather as U.S. Supreme Court hears major gun case A legal fight over a New York City handgun ordinance that could give the U.S. Supreme Court's conservative majority a chance to expand gun rights goes before the nine justices on Monday in one of the most closely watched cases of their current term. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); The court is scheduled to hear arguments starting at 10 a.m.

The New York City ordinance challenged in the new case allows residents with so-called premises licenses to take their guns to one of seven shooting ranges within the city The Supreme Court , in turn, has refused to hear appeals from those decisions. Justice Kavanaugh’s arrival changed that.

The high court will hear a challenge to New York 's regulations on Dec. 2. "The public safety interest alleged to support the rule is non-existent and unproven "It is also highly implausible that premises licensees would engage in violence when transporting their handguns out of the city ," the brief adds.

The law in question is gone — but the appeal goes on in the case of a New York City rule that kept gun owners from transporting their weapons unless they were headed to city-licensed gun ranges or out of town at hunting season.

Stephen Breyer, Neil Gorsuch, Clarence Thomas, Sonia Sotomayor, John Roberts, Elena Kagan, Ruth Bader Ginsburg, Brett Kavanaugh, Samuel Alito posing for a photo in front of a curtain: United States Supreme Court (Front L-R) Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel Alito, Jr., (Back L-R) Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett Kavanaugh pose for their official portrait at the in the East Conference Room at the Supreme Court building November 30, 2018 in Washington, DC.© Chip Somodevilla United States Supreme Court (Front L-R) Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel Alito, Jr., (Back L-R) Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett Kavanaugh pose for their official portrait at the in the East Conference Room at the Supreme Court building November 30, 2018 in Washington, DC.

Oral arguments are scheduled Monday in the first major gun case taken up by the US Supreme Court in more than a decade.

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  Second Amendment Case May Fizzle Out at the Supreme Court The Supreme Court’s first Second Amendment case in nearly a decade may not end up changing anything, judging from questioning at arguments on Monday that focused largely on whether the repeal of a New York City law made the case challenging it moot. “What’s left of this case?”“What’s left of this case?” Justice Ruth Bader Ginsburg asked. “The petitioners have gotten all of the relief they sought.

, Gun -rights argument will be Supreme Court ’s first in a decade. New York City asking court to Gun -rights advocates backed by President Donald Trump hope a U.S. Supreme Court clash over New Jersey is one of seven states, including California and New York , that bar most people from

The city argues that the transport ban promotes public safety by limiting the presence of handguns on city streets. The ban also forces residents to leave The federal district and appellate courts ruled in favor of the city . The Supreme Court then agreed to hear the association’s appeal at the beginning

Gun owners say the city’s rule violated their Second Amendment right to bear firearms. Gun control advocates say the city was within its rights to regulate transport of the deadly weapons.

Coloring both sides’ view of the case is the court’s new conservative majority, bolstered by President Trump’s appointment of justices Brett Kavanaugh and Neil Gorsuch. Gun control advocates fear what gun owners hope for from the case: a ruling that will make gun regulations like New York’s harder to enact.

The case started because three city gun owners — Romolo Colantone of Staten Island and Efrain Alvarez and Jose A. Irizarry of the Bronx — wanted to compete in shooting contests outside the city.

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The high court will hear a challenge to New York ’s regulations on Dec. 2. “The public safety interest alleged to support the rule is non-existent and unproven “It is also highly implausible that premises licensees would engage in violence when transporting their handguns out of the city ,” the brief adds.

The US Supreme Court said it will hear its biggest gun rights case in a nearly decade -- one that seeks to undercut New York City rules sharply limiting gun owners from carrying firearms outside of their homes.

They sought the advice of the NYPD’s license division, and were told that under city rules, “the only permissible ranges for target practice or competitive shooting matches … are those located in New York City.”

That meant Colantone, Alvarez and Irizarry couldn’t attend shooting competitions in New Jersey or Connecticut.

Besides being barred from competition, Colantone complained in court papers that his rights were infringed because the NYPD rule barred him from taking his handgun to his family’s second home in upstate Hancock, a town in the Catskills.

Alvarez, a 64-year-old retired bus driver, says he supports says he supports background checks for gun buyers and red flag laws, which let cops seize firearms from people deemed to pose a danger to themselves or others. Such a law took effect in New York in August.

He just believes the city law limiting where he can take his gun was unfair. “All I was looking to do was [to overturn] that regulation that you can not take your gun out of the city,” Alvarez said.

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  Trump files appeal at Supreme Court in financial records fight President Donald Trump on Thursday filed court papers asking the U.S. Supreme Court to block a lower court ruling directing an accounting firm to hand over his financial records to a Democratic-led congressional panel, setting up a major clash between branches of government. © 2019 The Washington Post WASHINGTON DC - MARCH 19: The Supreme Court of the United States is seen March 19, 2019 in Washington, DC. (Photo by Katherine Frey/The Washington Post via Getty Images) Trump turned to the justices after the U.S. Court of Appeals for the District of Columbia Circuit decided on Nov.

New York allows gun owners with so-called premises licenses to take their firearms to one of seven shooting ranges in the city , but prohibits In January, the court agreed to hear a Second Amendment challenge to a New York City gun regulation. The city , fearing a loss that would endanger gun

Case is a challenge to New York City ’s limits on handgun owners transporting their firearms outside of the home, claiming they violate second amendment rights.

The repeal of the rule isn’t much help to him right now: Alvarez — whose Facebook posts include pictures of guns, shooting range sessions and a video of people dressed as forest animals sexually assaulting a hunter, can’t own a handgun at the moment. His pistol permit was seized by police last year in what he calls a mix-up involving his daughter.

The NYPD repealed the travel restriction earlier this year. Then-Police Commissioner James O’Neill said the repeal “strikes a responsible balance between individual interests and public safety.”

Because the rule is gone, the city says the Supreme Court case is moot.

“The Supreme Court should not step in to deprive us of our rights to live safely and to enact laws to protect ourselves from gun violence," leaders from top gun control groups, including the Giffords Law Center to Prevent Gun Violence, Brady and Everytown for Gun Safety, wrote to supporters in November.

“And the Supreme Court certainly shouldn’t go out of its way to do it by ruling on a case even after the plaintiffs got everything they said they wanted — and more,” the gun groups said.

Gun Owners Backed by Trump Seek High Court Win Before 2020 Vote

  Gun Owners Backed by Trump Seek High Court Win Before 2020 Vote Gun-rights advocates backed by President Donald Trump hope a U.S. Supreme Court clash over New York City restrictions on transporting firearms will be the Second Amendment victory they’ve been seeking for a decade. © Photographer: Scott Olson/Getty Images North America BRIDGETON, MO - NOVEMBER 12: Customers shop for a handgun at Metro Shooting Supplies on November 12, 2014 in Bridgeton, Missouri. The suburban St. Louis store is located near Ferguson, Missouri where several weeks of sometimes violent protests erupted following the shooting death of Michael Brown by Ferguson police officer Darren Wilson on August 9th.

The Supreme Court will weigh a strict New York City ordinance that bars a legal owner of a The city says gun owners may seek permits to carry handguns legally if they have good cause, but these There is absolutely no evidence that transporting an unloaded firearm , locked in a container

The gun owners and the New York State Rifle & Pistol Association, an NRA affiliate, filed suit in 2013 challenging the transport limits in federal court in New York . The 2nd U.S. Circuit Court of Appeals in Manhattan last year rejected the constitutional challenge and said the restrictions advanced the city ’s

The New York State Rifle and Pistol Association — the state’s official National Rifle Association affiliate — says more is at stake in the case, which it filed in 2013.

Tom King, ans group’s executive director, is an NRA board member and a backer of its chief executive, Wayne LaPierre, who is accused of misspending members’ money.

The Association’s own flow of money from member dues has dried up in recent years, and a political action committee run by the group has failed to file required state campaign finance reports since 2017, according to records reviewed by the Daily News. King did not respond to requests for comment.

Despite its woes, the state rifle association is all in on the Supreme Court case. One of its lawyers, Paul Clement, argues that despite the repeal, the city has an “unwavering view that the ability to transport a licensed handgun is a matter of government-conferred privilege, rather than a constitutional right.”

Solicitor General Noel Francisco — who argues on behalf of the Trump administration to the Supreme Court — said in August that the government has a “substantial interest in the preservation of the right of the people to keep and bear arms.”

Gun safety groups brace for Supreme Court moves on 2nd Amendment .
For the first time in nearly a decade, the U.S. Supreme Court on Monday will consider Second Amendment rights in a closely watched case that worries gun safety advocates.The case involves a New York City law that prohibited licensed gun owners from taking their handguns to shooting competitions, gun ranges and second homes outside city limits. A federal appeals court upheld the regulation last year.

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