FedSoc Forums

Courthouse Steps Preview: NYSRPA v. City of NY


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New York City issues permits allowing authorized persons to register guns to keep at home for self-protection, but the city’s law makes it a crime to remove registered firearms from that home for any reason except to transport them to one of seven city-approved firing ranges. New York City’s law does not allow taking a gun outside the home in any condition, even if it is unloaded in a car truck, and even if the owner merely wants to take the gun to another home. The Supreme Court held in two landmark decisions, in District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), that the Second Amendment is a fundamental right held by individual American citizens. But both of those cases involved citizens who wanted a single handgun in their house for home protection, leaving myriad questions for future cases. The U.S. Court of Appeals for the Second Circuit upheld New York City’s law, claiming that the court was applying intermediate scrutiny. In this case, the Supreme Court will now decide whether the Second Amendment extends outside the home, and whether the Big Apple’s law must be struck down as unconstitutional. The law is also being challenged as violations of the Dormant Commerce Clause and the right to interstate travel.
The case is New York State Rifle & Pistol Association v. City of New York, No. 18-280 in the Supreme Court of the United States.

Featuring:
Kenneth Klukowski, General Counsel, American Civil Rights Union and Senior Counsel, First Liberty Institute
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