What Now, After NYSRPA v. Bruen?

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United States – -(AmmoLand.com)- What is likely to happen in the wake of New York State Rifle and Pistol Association v. Bruen? That can be a bit of an open question, and there are multiple fronts Second Amendment supporters will need to be aware of.

The Courts

First of all, the Supreme Court has cases about magazine bans and modern multi-purpose semiautomatic firearms that it may or may not take up. We will likely find out for sure one way or another in the next week to ten days. One outcome could be a GVR – granting the case, vacating it, and remanding it to the lower courts. In essence, the appeals courts will be told to re-consider those cases in light of the guidance provided by NYSRPA v. Bruen.

While this may be frustrating for Second Amendment supporters, it probably is one of the better options for us in the medium and long-term scheme of things. First, it probably would be good to avoid another major gun case so soon on the heels of NYSRPA v. Bruen. Taking out gun and magazine bans in 2023 would probably make court-packing and/or Second Amendment repeal a top agenda item.

Now, if the appeals courts don’t take the hint provided by the GVRs from SCOTUS… well, they’d just make Justice Thomas’s day. Again.

Federal Level

We’re going to see some more push from the more fervent anti-Second Amendment extremists to pack the court. In fact, that has already started, and the numbers will grow. The 2022 midterms and the 2024 presidential elections have become “must win” elections for Second Amendment supporters.

Don’t be worried about minor ideological impurities from a Mehmet Oz or a Susan Collins. The first imperative has to be making sure that Nancy Pelosi and Chuck Schumer don’t call the shots in the 118th Congress. Then we need as big a majority as possible in the 119th Congress to go with control of the White House.

As people understand NYSRPA v. Bruen hasn’t turned America into the Wild West with shootouts, they will accept that ruling – along with others.

State/Local Level

This is where matters will depend on local conditions. Top priorities in California will be very different from those in West Virginia, and the approach taken in Alabama may not be the best one for Massachusetts. The combination of Heller, McDonald, Caetano v Massachusetts, Canigula v. Strom, and NYSRPA v. Bruen will be essential to challenge a lot of onerous restrictions in court.

Most importantly, local activism to promote the security of schools alongside efforts to prohibit financial deplatforming will be perhaps the two biggest fights Second Amendment supporters must wage. The latter is for obvious reasons. As for the former, we cannot afford further repeats of Newtown or Uvalde. The longer the track record of opposition to securing schools, the better chance we have to defeat new attacks on our rights.

In all cases, Second Amendment supporters will need to work hard to ensure that anti-Second Amendment extremists are defeated via the ballot box and legal system at the federal, state, and local levels.


About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.Harold Hutchison

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Laddyboy

Harold, The latest TERRORIST attacks at the school, churches and shopping areas were NOT DONE by Legal Law Abiding American Citizens who FOLLOW THE CONVORTED INFRINGEMENTS on OUR CONSTITUTIONALLY ACKNOWLEDGED Second Amendment RIGHTS, which Citizens HAD BEFORE the Constitution was CODIFIED! These WANTON MURDERERS and TERRORISTS BROKE MANNNNNYYYYYY gun laws! TERRORISTS DO NOT ADHERE TO THE LAW!!!!!!

Boz

What now? Probably NYSRPA v. Bruen Pt. 2. Why? Because Iib cities and states will illegally ignore the ruling. Then Pt 3, Pt 4, etc. and on and on.

Laddyboy

LAW SUITS APLENTY WITH RECOMPENCE PAYMENTS to the complainants DUE TO THE IDIOCY OF THE GUN GRABBING “politicians”! OH! The REPAYMENTS MUST COME OUT of the “politicians” PERSONAL FUNDS!

nrringlee

The Progressive response will be typical Jim Crow tactics to nullify your rights by bureaucratic inaction and misdirection. The answer will be more litigation and when possible taking elected officials to task at the polls. The fight had yet begun. You can fully expect progressive leaning authotitarians to fight every inch of the way. The next front will be remediating those who have been found guilty of prohibitions now declared unconstitutional. Many states are vacating minor possession of marijuana convictions once they legalize pot at the state level. Never forget one hard truth of that matter: simple possession created a… Read more »

USMC0351Grunt

Don’t forget about “treble damages” in the torts filed against a government entity for violation of ones Constitutionally protected rights.

swmft

and the criminals who made these laws should be made to pay

Jeff

This is an important win for those of us who live in Blue states. However, i fully expect responses that will negate much of the positive effect. For instance: – Imagine New York City (or any large city) declaring mass transit (subways, buses, taxis) to be gun-free zones and the MTA declaring the same for commuter trains. The vast majority of people who work, live or visit these cities use mass transit, so this would amount to the legal prohibition of guns as allowed in the NYSERPA case. All they would need to do is show reasonable cause, which wouldn’t… Read more »

The Crimson Pirate

That is almost certainly their plan. And if you read the decision it clearly prohibits that kind of thing. Thomas specifically mentions subways, IIRC. However based on the pattern we have seen in previously it is likely that NY and others will enact such restrictions and pro gun groups will sue and have them struck down. This game of whack a mole has gone on for a decade in Chicago and Illinois.

The Crimson Pirate

Also, in Pennsylvania, I find that a lot of “No Guns” signs just get flat out ignored. Members on PAFOA, a gun forum for PA residents, used to talk about it all the time. The only places concealed carriers actually don’t carry is in places where they have to pass through metal detectors. So prohibit it on the subways and people will just ignore it if they can carry on the street.

Link

Because in pa the no gun signs do not have the weight of law unlike what they have in TX.
And pa also has it that local municipalities can not pass laws over the state.

Chuck

A most cogent analysis, and I agree this is highly probable.

Link

They already are declaring the subway system to be no go in ny

Hazcat

See, Harold? This is what happens when you fight instead of ‘compromise’. You WIN!

nrringlee

Correct. So now the task is to primary and remove from office the republicans in the Senate and House who supported the Harris/Biden regime’s most recent assault on our rights. And one would hope ILA and PVF will stop giving those clowns money.

Wass

Once freedom is accomplished , it’s hard to remove it, especially in an American setting. Shall Issue for law-abiding is now the law of the land. Take a slow deep breath and absorb this. The antis know this is indelible and they can’t do anything about it. All the money and effort by Bloomberg, Soros et al. went down the toilet. Be grateful and the other issues on guns, in good time, will be settled.

Last edited 1 month ago by Wass
Arkansas Rob

Even better, the two tier scrutiny and balancing tests were voided, which invalidates many wrongly decided cases.