The Supreme Court has rejected a bid by New York retailers to block new gun control laws in their state, which they say violate the second amendment. Paloma Capanna, attorney for the New York gun retailers, told Fox News on Wednesday, “We are challenging the ability of the state of New York to target dealers in firearms in the lawful stream of commerce, to put them out of business, which is what the new laws will do. So it really was unfortunate to see that we couldn’t get any emergency temporary injunction against those laws.” There were no written dissents or explanations in the Supreme Court’s decision as New York Attorney General Letitia James praised the ruling saying that the “gun safety laws help save lives, and keep our state safer.”
Wednesday’s decision comes only a week after the Supreme Court refused to act on another restrictive New York gun law, the Concealed Carry Improvement Act. But Justice Justice Clarence Thomas did write an opinion on that ruling, saying, “the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.” The Concealed Carry Improvement Act law prohibits carrying a gun in “sensitive areas,” such as stadiums, houses of worship, museums, parks, and other public places. The Supreme Court stated that it would not strike down the law before the district court made its decision.
Capanna argued that new record-keeping laws will create an unconstitutional gun registry.
“The list of new mandatory compliance even goes so far as a turnover of acquisition and disposition records… which the state of New York attorneys have admitted will be used to create the first-ever gun owners registry housed at the New York State Police,” Capanna said Wednesday.
The NY State Supreme Court hasn’t ruled yet. It’s not the practice of the SCOTUS to rule before the state courts rule. Stay calm until then.
Liberal government entiies, including the politicized judiciary, continue to erode our constitutional rights. It may well take another revolution to re-establish the U.S. constitution as the supreme and irrevocable law of this nation.
I expect that the reasoning was essentially the same as for the Concealed Carry Improvement Act. Even though the act may be unconstitutional, the normal judicial process should be followed whenever possible, allowing the lower courts to perform their Constitutional tasks, particularly following recent SCOTUS decisions and opinions, directing where those courts should focus their reviews.
It is unfortunate that an improper burden may be put upon citizens and retailers for a period of time.