NYC’s 2d Amendment Law Shoots Self In Foot 2d Time?

New York City’s 11th hour change in its restrictive gun control law may have prevented the Supreme Court from ruling it unconstitutional a couple years ago, says GW Law Prof Jonathan Turley, but an incensed majority was giving itself another shot at the city’s gun policies as oral arguments in another similar case were being heard.

The backstory is this: The Supremes about a decade ago in DC v Heller & McDonald v City of Chicago, affirmed the Constitutional Right to Bear Arms was not only an “individual” (as well as militia) right vis a vis the federal government, but this right applied against the states (& cities) too. Nevertheless, NYC passed ordinances restricting the right to transport any legal weapon outside one’s home. When the NY State Rifle Assn challenged the law the city swore it would fight its lawsuit all the way to the Supreme Court, then, balked (i.e., changed its law, making the pending case moot) after it became clear the Justices might rule against them and before a precedent could be published.

Explained Turley: “The bait-and-switch incensed members of the Court who delayed [dismissing] that case. Justices Alito, Gorsuch & Thomas specifically called out NY for ‘manipulating’ the docket by withdrawing an unconstitutional law just before a final opinion. Justice Kavanaugh joined in the condemnation & added menacingly that ‘some federal & state courts may not be properly applying Heller & McDonald’ & perhaps the Court should take a look see soon “in one of the several 2nd Amendment cases with petitions for certiorari now pending before the Court.” In fact, they “did precisely that & took another challenge by the very same plaintiffs” in NY State Rifle Assn v Bruen. This time, the reconstituted NY ordinance uses vague standards like “without proper cause” & “showing the gun owner is of good moral character.” As Prof. Turley & other legal experts noted, the city’s ordinance “flips the constitutional presumption in favor of such a right.” And, it would appear a majority of Justices are in no mood to be patient with NYC’s lawyers a second time around their Second Amendment gamesmanship.

Davd Soul