When will the Supreme Court hear NYSRPA v. the City of New York

When will the Supreme Court hear NYSRPA v. the City of New York
When will the Supreme Court hear NYSRPA v. the City of New York

New York, U.S.A. -(Ammoland.com)- In the first firearms related Second Amendment case to be heard in a decade, the Supreme Court granted a writ of Certiorari (decided to hear) the case of New York State Rifle & Pistol Association v. The City of New York. This case will have major ramifications for Second Amendment jurisprudence.

New York State Rifle & Pistol Association Inc. v. City of New York, New York, No. 18-280

Issue(s): Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.

When will oral arguments be heard and when will it be decided?

Reuters thinks it will be heard in October of 2019. From reuters.com:

The case will be heard and decided in the court’s next term, which starts in October and ends in June 2020.

Heritage thinks it could be in the spring or fall. From heritage.org:

Thankfully, the Supreme Court will hear New York State Rifle & Pistol Association Inc. v. City of New York, either this spring or next fall.

The Daily Caller calls it for the fall of 2019: From the dailycaller.com:

The case, New York State Rifle and Pistol Association v. City of New York, will likely be heard in the fall.

The Supreme Court Oral Argument calendar does not have it scheduled yet.

Since this term started in October of 2018, the Court has heard 40 cases and settled two without oral arguments. There are eight cases scheduled for oral arguments in February, and nine cases scheduled for oral arguments in March of 2019. There are 14 cases that have been granted cert (writ of certiorari) but have not been scheduled.

April does not have any oral arguments scheduled yet. The Court has not heard oral arguments in May for the last few years.  The Court generally hears 1-3 cases a day. They have six days in April to hear oral arguments. There is a chance they will hear oral arguments from the NYSRPA v. City of New York in April. A 50/50 chance is a reasonable guess.

If they do not hear oral arguments in April, the next available date will be in October of 2019. There is generally a 4-9 month gap from granting cert to the oral arguments.  It is not uncommon for cases to be granted cert in January or February and for oral arguments to be heard in October or November.

Those who are hoping for a decision that minimizes Second Amendment rights are likely hoping for the oral arguments to be heard in April, and the case to be decided by July.

The reason is simple: Justice Ruth Bader Ginsburg.

Justice Ginsburg is 85 years old and in failing health. She is more likely to be able to vote on a decision if it is held sooner rather than later.  If the case is not heard until October, President Trump may have already successfully nominated another justice to the Supreme Court.  Six months is a long time when you are 85 years old and in poor health.

Justice Stephen Breyer is 80 years old and is the next oldest justice on the Supreme Court. He consistently votes with the Court's left wing and Ruth Bader Ginsburg.

I doubt that the Supreme Court will take Justice Ruth Bader Ginsburg's health, or Justice Breyer's age, into account when they are scheduling the oral arguments for the coming cases.

In a few weeks, the April schedule should be posted online. Then we will know if NYSRPA v. The City of New York will be heard in April or late in 2019. If the case is heard in April, we would probably have a decision by late July of 2019. If it is heard in October or November, we may not get a decision until the summer of 2020.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 13 thoughts on “When will the Supreme Court hear NYSRPA v. the City of New York

    1. i am OK to wait to win. In CA we have the Young v Hawaii open carry case that is sch for en banc but is on hold for NYS case as is Charles Nichols’s open carry case for CA. Waiting while Trump and a now more pro 2ndA Senate fill up vacancies on the Ninth and RBG& Breyer is worth the wait to win!

    2. When you have to wear I diaper because you cant make it to the shter, it’s time to hang up the robe. Someone needs to test her for blood doping, sports enhancing drugs, dabs, weed, abusing yayo.
      Be funny if someone walked in on her hitting a bong like a freakin diesel train going up a steep grade.
      Live free, die on your feet.

    3. I think it’s disgraceful that on a bench of 9 judges that decides the constitutionality of our laws, that there are still separations of “left” & “right” leaning. I understand there will be differences of opinions but to lean in one direction or another on a consistent basis instead of what is the right thing to do, is morally…& I feel lawfully…repugnant. These nine individuals, SHOULD be the cremme de le cremme of unbiasement.
      It makes me sick that N.Y., California, N.J. & any other states that have gotten away for this long with writing their own interpretation of OUR constitution…& I must say, mainly the second amendment…because of lobbyists & “special interest groups”, without the SCOTUS interceding & righting the wrong. The Constitution is not rocket science. It’s spelled out pretty damn clear…no hidden nuances, no ambiguities, no, ” it depends upon what the meaning of the word “is” is.”.
      I sincerely hope this argument is heard sooner than later. It’s not like they have any other job to do. I also sincerely hope this starts a trend of lawsuits against any unconstitutional legislation being brought forth, until the bastards get worn out on submitting them. I won’t hold my breath. Rant over…for now.

    4. Wouldn’t it be great if the President gets to appoint two more Supremes? Totally change the nature of the battle.
      Anybody else notice that none of the liberal judges attended the SOTU address? RBG evidently never attends except for Demonrat Presidents.

      1. Absolutely!!! And give the man a lot of credit for doing a job in the lower courts and hopefully the three appointments in the ninth circus will be successful .

    5. “Justice Ginsburg is 85 years old and in failing health. She is more likely to be able to vote on a decision if it is held sooner rather than later. If the case is not heard until October, President Trump may have already successfully nominated another justice to the Supreme Court. Six months is a long time when you are 85 years old and in poor health.”

      Is the Communist bat technically living or is a weekend at Bernie’s situation with her.

      1. Go Ginzberg! No, I really mean it, go Granny, go Granny, go Granny. Go into retirement. Go annoy your own family. Go away and write some mundane memoirs or something, that no one will ever read. Let go your grasp on the freedom of the American people.

        1. @ Wild Bill I’m not sure if anyone ever showed her a picture of what retirement would look like or a picture of a casket. She has to be lead or she can’t find her way.

          1. @Gentlemen, good to hear from you, both. Rained like an ocean squall, here, for about 6hours this early AM. Then the temp dropped FIVE ZERO degrees in about a half hour. Where is that global warming hoaxer, anyway?
            Hope you all are avoiding all this immoderate weather.

            1. @ Wild Bill We had a lot of rain last night that even washed a hill down on a road near us. There was a lot of thunder and lightning with it. Temps today was 75 and it is normally 50. Sun was shining and it was a nice day. Tomorrow is suppose to be a high of 40. Everyone should have a January thaw even if it is late. According to AOC some of our weather problems are caused by cow flatulence so you are going to have to devise a way to muffle cow farts, probably horses, too. Maybe a lot of Gas X?

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