Pratt, Heller React To SCOTUS’s Decision On NYSRPA V. New York, Alito’s Dissent


Gun Owners of America's Erich Pratt with Dick Heller (left).
Gun Owners of America’s Erich Pratt with Dick Heller (left).

Springfield, VA – -( Gun Owners of America (GOA) and Gun Owners Foundation (GOF) today reacted to the Supreme Court’s determination (embedded below) that the NYSRPA v. New York case was moot.

The Court concluded that New York City’s change of its ordinance made the case moot, meaning it no longer presented a live “case or controversy” for the Court to decide.

GOA Senior Vice President Erich Pratt noted that several Justices lamented that the lower courts have not faithfully applied the Heller (2008) and McDonald (2010) decisions.

“Sadly, the Supreme Court today squandered an opportunity to remedy the failures of lower courts in correctly applying the Second Amendment,” said Pratt.

“As the GOA/GOF amicus brief in this case points out, the clear standard of ‘shall not be infringed’ and the Second Amendment should be the guiding principle of courts, not so-called ‘balancing tests’ that weigh constitutionally-protected rights against public safety. The Court missed an opportunity to correct lower courts, which have inappropriately applied balancing tests to restrict the right to keep and bear arms.”

Supreme Court’s determination that the NYSRPA v. New York 04/27/2020 

To be sure, Justice Samuel Alito’s dissent bases its conclusion primarily on the Heller case and the text and history of the Second Amendment. But he also analyzes New York City’s public safety justifications and, in discussing “heightened scrutiny,” his opinion gives the impression that such analysis has some place in the Second Amendment.

GOF Senior Consultant Dick Heller — who was the chief plaintiff in the landmark gun rights case from 2008 — noted that “DC v. Heller made it explicitly clear that so-called ‘safety’ considerations have no place in limiting the exercise of a constitutionally-protected right. And perhaps that is why neither Justice Thomas nor Justice Kavanaugh joined that part of the Alito opinion. Indeed, Justice Kavanaugh previously held in Heller II that the appropriate test was ‘text, history, and tradition’ — not Justice Breyer’s ‘judge empowering interest balancing.’

Pratt concluded: “Hopefully the Court will take Justice Kavanaugh’s lead and grant certiorari in another Second Amendment case soon — and analyze the case pursuant to text, history, and tradition, rather than a means-end interest balancing test such as intermediate or strict scrutiny.”

Gun Owners of America GOA logoSpokespeople for GOA and GOF are available for interviews. Gun Owners of America, and its sister organization Gun Owners Foundation, are nonprofits dedicated to protecting the right to keep and bear arms without compromise. For more information, visit GOA’s Press Center.

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Will Flatt

Dont delay, join today!

moe mensale

Join any gun rights group that fulfills your requirements. Local or national. Contrary to what ass clowns like Will Flatt say, GOA isn’t the only game in town. And yes, I belong to them among several others.

Will Flatt

Ahh, the village idiot emerges from its cocoon. We missed you (NOT)!

So how do you get the taste of Wayne LaPierre out of your mouth when you’re done swallowing?


This is all the NRAs fault as well as the countless rino politicians, until we start holding our own accountable we should not be surprised that we get screwed as often as we do by activist commie scum judges who are as much a disgrace as rino politicians are. Its time to defund NRA & FUND GOA,& Firearms Policy Coalition instead!

moe mensale

Join any gun rights group that fulfills your requirements. Local or national. Contrary to what ass clowns like Will say, GOA isn’t the only game in town. And yes, I belong to them among several others.

Wild Bill

@moe, always with the negative waves.


WB) Something tells me you watched “Kelly’s Hero’s” recently. Is my guessing getting any better?
I really dislike Eastwood personally, but he’s sure been in a lot of my favorite movies. Favorite Western; Outlaw Josie Wales. Favorite heist film: Kelly’s Heros. And favorite spy film; The Eiger Sanction.
Weird huh?

Wild Bill

@Knute Knute, Not lately, but when I was in Command and General Staff college I did my Battle Analysis on the Siege of Nancy, which is the battle that is the subject of Kelly’s Heros.
Hollywood could not understand why Nancy would be a target so they made up their own motive, plot, and course of events. The truth is really more interesting.
And I just love bombing around the country side in a track!


Nope, looks like my guessing is still off. That was two Kelly quotes in a couple days, is why I thought recently.
I think I missed study of that battle. Unless that’s the one from the cut off town in Belgium that held out against the Wehrmacht for a couple weeks, that got the Commander the nickname “Nuts” cause that was his answer to the surrender demand? I can’t remember the name of the city just now though.

Wild Bill

@Knute Knute, Bastogne. That was Gen. McAulife and the airborne earlier in the war. Nancy was Creighton A. Abrams and Combat Commands A and B.


Yup, missed studying that one. But don’t worry, I’ll catch up. I’m good at all-nighters! 🙂
As a pilot, from WW1 on I focused mostly on air war. In the WW2 era, mostly the Pacific War.