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« Greatest, or one of the greatest, headlines of the century | Main | Amy Coney Barrett's Second Amendment position »

Everytown's assessment of the next Term

Posted by David Hardy · 23 September 2020 11:35 AM

Right here.

"Two cases out of New York should present the first opportunities for the Supreme Court to address the public-carry issue in its upcoming term.

● New York State Rifle and Pistol Association v. Beach , No. 18-280 (2d Cir.): The Second Circuit recently rejected this Second Amendment challenge to New York's public-carry licensing system in a summary decision relying on its own precedent. A petition for certiorari seeking Supreme Court review is currently due November 24. The lead plaintiff in the case is the NRA's New York affiliate.
● Libertarian Party v. Cuomo , No. 18-386 (2d Cir.): This is another Second Amendment challenge to New York's public-carry licensing laws that the Second Circuit recently rejected. The case also involved a challenge to New York's laws requiring a license to possess a firearm within the home, which the Second Circuit likewise rejected. Plaintiffs filed a petition for rehearing en banc on August 27. If the Second Circuit denies that rehearing petition (which we expect), a cert. petition to the Supreme Court would be due 90 days thereafter.

A bit further down the line is Young v. Hawaii , No. 12-17808 (9th Cir.), a Second Amendment challenge to Hawaii's public-carry licensing laws that is currently before an en banc panel of the United States Court of Appeals for the Ninth Circuit, with oral argument scheduled for this week. Given the likely timeframe for a Ninth Circuit decision, it is possible that the Supreme Court could decide whether to grant any further review of the case late in its upcoming term."

Personally, I think Young is the most promising of the lot....

1 Comment | Leave a comment

Flight-ER-Doc | September 24, 2020 10:50 AM | Reply

How does Youngs demand for a permit to possess a firearm in the home comport with Heller? Heller merely required firearms to be disassembled and locked away... and was found unconstitutional.

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