U.S.A. -(AmmoLand.com)- On September 21, the Biden Administration filed an amicus brief in the pending U.S. Supreme Court case of New York Rifle & Pistol Association v. Bruen, supporting New York’s draconian and unconstitutional restrictions on the right to bear firearms in public for self-defense.
This NRA-supported challenge to New York’s “may-issue” licensing scheme for public handgun carry is the first Second Amendment challenge to a firearm law to reach the high court since 2010.
New York’s law presumptively denies the right to bear arms for self-defense unless a license-applicant can demonstrate a special need for self-protection that distinguishes the person from the general population.
In practice, this means the rich and well-connected can get unrestricted carry licenses but ordinary people cannot, even if they actually face a greater risk of being violently victimized while going about their daily lives in public. The law effectively nullifies for most New Yorkers what the Supreme Court has already characterized as “the individual right to possess and carry weapons in case of confrontation.”
New York’s “may-issue” scheme in fact gives authorities so much discretion that it has fostered a culture of corruption, particularly within the Licensing Division of the New York City Police Department (NYPD). There have been repeated scandals involving the NYPD Licensing Division’s application process, with “facilitators” offering gifts and bribes to licensing personnel to approve or expedite their clients’ applications. In some cases, this has resulted in the issuance of carrying licenses to applicants with otherwise disqualifying criminal histories and in criminal convictions for NYPD officers. In other locales, licenses are issued by elected sheriffs, with preference given to political donors and supporters.
The entire point of the New York scheme is not simply or primarily to screen out applicants who fail to meet objective standards of responsible and law-abiding behavior. It is to give authorities complete control over who gets to exercise the right and who does not. This, of course, is wholly incompatible with the idea of a fundamental right, which exists, as the Supreme Court said in the Second Amendment context, “to take certain policy choices off the table.” If the starting point for a carry licensing scheme is presumptive denial, then there is no right at all, only a privilege administered to the favored few.
And this is absolutely fine for the Biden Administration, at least when it comes to the Second Amendment.
After all, as we’ve reported, Biden’s own son Hunter has the manifest privilege of violating with impunity various federal gun control laws the government brief insists are so necessary to protect public safety. This is in addition to his apparent immunity to other laws against things like drug possession and distribution, prostitution, and the list continues.
The government’s brief, filed under the auspices of the U.S. Department of Justice, also gives complete vindication to the NRA’s opposition to now Attorney General Merrick Garland’s nomination to the U.S. Supreme Court in 2016, when he was a federal appellate judge. Anti-gun pundits had mocked that opposition at the time, falsely claiming there was no legal basis for it, even though Garland had voted to rehear a case that had ruled an outright ban on handgun possession violated the Second Amendment. Yet, as we had explained, the only plausible reason to support such a “do-over” was that the court had come to the wrong conclusion. Why repeat something already done correctly?
Now, as AG, Garland is advocating that the U.S. Supreme Court effectively remove the right to “bear arms” from the U.S. Constitution. The administration’s brief additionally argues for what it calls a “reasonable regulation” standard for other types of gun control and for its implementation via “intermediate scrutiny.” Activist and anti-gun courts have used this standard to uphold not just may-issue licensing schemes but sweeping bans on some of America’s most popular types of firearms and magazines.
Fortunately, the United States Senate blocked Garland’s Supreme Court appointment in 2016. Thus, while his noxious view of the Second Amendment will still be put forth before the court, he at least won’t have the opportunity to cast a vote against the right to bear arms himself, as he undoubtedly would have.
While no outcome at the Supreme Court is ever guaranteed, Second Amendment advocates should if anything be in an even stronger position this time around than during the court’s prior visitations of the Second Amendment in 2008 and 2010.
And Merrick Garland –Barack Obama’s handpicked choice to replace the legendary Justice Antonin Scalia, author of the landmark Second Amendment opinion in District of Columbia v. Heller – will have to watch from the sidelines as just another lawyer.
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
To serve in the armed forces, legislature, courts or presidency you MUST place your hand on the WORD of GOD and swear to defend the people, the nation and the constitution against ALL enemies foreign and domestic. To disavow your oath of office by trying to destroy or abusing the constitution IS treasonous and there is a legal, just and very final penalty for all of those who commit treason. Those in L.E. who actually hold to the constitution, THE law of the land, should arrest anyone who commits treason or tyranny. These communists are going to push America into… Read more »
There is a much higher law that is being broken here, JESUS said when you keep an oath for the sake of the oath you are doing my work, but if you do not keep that oath then you are doing the work of the devil. Every one of these satan worshipping DEMONcrats all took an oath to protect and defend the CONSTITUTION zgainst all enemies foreign and domestic, they have all disavowed that sacred oath and therefore have given themselves over to satan to do the work of the devil. All those who are in the dem party are… Read more »
In order to care what Biden says about this case, I must first respect the man and recognize that he has wisdom or Legitimate authority over the subject matter. Biden has neither. The government didn’t grant me any rights when it was established by the People; it was specifically barred from infringing on pre-existing rights in its founding documents, in the contract that created government.
At least this time they’re asking first, rather than proceeding with the destruction, then claiming Chevron deference as they slow-walk their responses at every stage of the lawsuits they trigger. Legislators and Executives work their mischief overnight, but the People suffer years of injury as they peaceably beg the Courts for justice, to win back a tiny shred of their stolen liberty.
I think Bob is referring to the same acts of humility we used for decades when imploring King George to act justly. See the deceleration of independence. In that respect we are humble until, like the British, they start confiscating. When, not if, that day comes all bets for peace are off until after the smoke clears.
Arm up and carry on
Again with “they.”
It wasn’t Parliament members who did the confiscating.
Who are the redcoats?
OOOH – those redcoats want to do some arresting (or banning or shooting, or whatever – doesn’t matter, they will never pay).
They, the British military were under direction from ole George and parliament. It started when they, the British military, got wind of an arms cashe. On their way to confiscate those arms they were met with a delaying action at Lexington. When they did arrive at a farm outside of Concord, all the weapons had been taken to the nearby wood by the militia. When the commanding officer threatened the farmer with death, they, the militia, opened up and sent the British military running back to Boston (I think). They, biden, harris etc. ran on gun confiscation. They, will use… Read more »
All that, and you skipped right over modern day “they.”
Hard to write it, isn’t it?
As can be seen by the voting, “they” don’t like to be called “they,” but “they” are “they.”
Here’s how “they” act. If “they” want to come in, “they” are going to come in and “they” don’t need a warrant, and “they” will not have to pay when “civilians” prove they are innocent (notice this requirement is becoming more common?) and the entire incident was caused because “they” are just incompetent. It’s for “public safety.” Put this into your search engine: “Cops Bust in the Wrong House and Refuse to Leave” “They” won’t back down, even when “they” know they screwed-up and are being video recorded. “They” don’t need to, because there are no consequences for violating people’s… Read more »
Here’s the link:
https://www.youtube.com/watch?v=0I86-UWcp4E&ab_channel=AudittheAudit
“They” would prefer people talk about blue jeans and bears.
Don’t flame “them” because, just like Brian in the video, you may need “them” someday. What would Brian have done if the boys and girls in blue/tan/brown/green/black/camo were not there to serve and protect him in his time of need?
If the SCOTUS deems that law unconstitutional, wouldn’t that be direct evidence that could be used in court proving the Biden admin is acting against the constitution?
With the Biden administration, we have gone from a Constitutional Republic to a Democratic republic.
Actually we are moving into a dictatorship, this admin is doing everything they said that TRUMP was doing except that quid-pro-joe is acting outside the CONSTITUTION in every way he can, IE a total dictator.
2A wiII very soon activate itseIf for its intended purpose.
One look at the border is another great sales pitch for Americans to arm themselves.
But I am afraid the lawless Communist Biden regime wont be stopped by the 2nd Amendment when they come for our guns. And like the border, no court will stand up and stop them.
Which means it will be us against them, and I am not encouraged there are enough of us that will resist such confiscation efforts by a federal KGB. In other words, whether our republic lives or dies will up to individual armed Patriots.
“It will be up to the individual”, and that is why they want to take our guns.
you may be right , and anyone who does not have a mountain of ammo is lost. One shot one kill only works if numbers are low if they are 100 to 1 you need full auto and 1000 rounds is 5 minutes in short bursts
Many of our Nation’s founding member’s wound already have been hanging & shooting long ago. Not sure why the current human culture isn’t clear on how it all works. The psychological dissociative denial from this reality is deafening. Bargaining for what ?
What middle ground is there on a immutable inalienable right ?
All this does is confirm that Garland always was a Partisan Hack.
Biden and Garland have completely lost thier minds . The second amendment will be a right long after these 2 clowns are gone. Ilegitiment clownshow Joe Biden and his wishlist of tyranny will go the same way his mental capacity has gone. Dementia Joe has lost all sense of reality and it appears Garland is traveling down the same road . Time they both need take a test to see if they are mentally competent. Bet they both fail !
With other swamp monsters pulling quid-pro-joes strings we can never know who will pull them next, today it could be aoc tomorrow it could be nasty pislousi we just never know who is really controlling quid-pro-joe, he is all over the board on everything and in every way. The biden has shown complete disregard for this country and the people, what we have is a complete dictatorship in this administration.
you must remember it ain’t Dopey Joey who is making the decisions, calling the shots, etc. Nope. He is an empy suit. He does what his RiceKrispies tell him to do. Ever notice how he cant carry on a full sentence without his prompter? Just like the wizard discovered behind the curtain in Oz, there is a set of brains sequeestered away out of public view, and these hands are the string pullers and lever pushers. We know some of their names… Soros, Bloomburg, Schwab, Gates, and of late Phautchee and most likeky the Gabbling Nuisance. The kniyun is also… Read more »
I fart in the general direction of the Biden “administration.” Hoping for the best as the NYSRPA v. Bruen case proceeds. Cheers all.
With every day that passes, the Harris/Biden administration takes us closer and closer to what we know is inevitable if they are allowed to continue with their ‘hurray for me and screw you’ management of our country. Biden reminds us daily that he is president and Harris evidently gets a charge out of keeping us wondering where she’s hiding. Now in my eighth decade of life, this is the first time I have ever questioned whether we even need a vice president, especially one who knows nothing and does less. One good thing that is apparent though, is that more… Read more »
The NRA is an organization that has allowed different states to have varying laws. Becoming a Violent Felon at the age of 62, was not my cup of tea Though I did enjoy violence reeducation camp. I thought we were all equal with unalienable rights. At least the Gun owners of America offered me a grant to fight my problem. Unfortunately my afib got in the way more than once. Divide and Conquer. NY is finished learn or perish. Like an earlier article about felonies, when the unvaccinated become violent felons maybe folks will realize that talking and voting is… Read more »