Supreme Court Rejects Anti-Gun Arguments, Agrees to Hear New York Handgun Case

The Supreme Court just handed gun rights advocates a victory by agreeing to hear a case out of New York. (Photo: Public Domain)

The Supreme Court announced this week that it will hear oral arguments in a case challenging a New York City law that prohibited residents from transporting firearms outside city limits.

City officials repealed the ordinance earlier this year to avoid a pro-gun Supreme Court decision and have since argued that the Court should not hear the case because the issue is now moot. On Monday, the Court disagreed.

“The Respondents’ Suggestion of Mootness is denied,” the Court said. “The question of mootness will be subject to further consideration at oral argument, and the parties should be prepared to discuss it.”

The case is backed by the National Rifle Association and the New York Rifle and Pistol Association. The NRA applauded the Court’s decision in a press release.

“The Supreme Court saw through New York City’s blatant attempt to evade judicial review in this important case,” said NRA-ILA Executive Director Jason Ouimet. “This case presents a national opportunity to confirm a simple truth that New York City politicians refuse to accept: Our Second Amendment right to keep and bear arms is fundamental, and it doesn’t vanish when we exit our homes.”

SEE ALSO: NY Gov. Cuomo Gives Best Argument for Senate to Appoint Kavanaugh to SCOTUS

The Court has faced significant political pressure in recent months to drop the case. Five Democratic Senators, backed by 139 House Democrats, issued a brief in August threatening to “restructure” the Court if it chose to move forward. The senators accused the Court of “partnering” with “the NRA and its allies”:

“Particularly in an environment where a growing majority of Americans believes this Court is ‘motivated mainly by politics,’ rather than by adherence to the law, the Court should resist petitioners’ invitation,” they said.

Attorneys for the plaintiffs argued that the case is not moot because, as Second Amendment Foundation Founder Alan Gottlieb told GunsAmerica in August, New York City can simply reinstate the law the moment the Court agrees to drop the case. This issue is not moot, in other words, until the plaintiffs receive a ruling from the highest court in the land.

“As petitioners have explained, they manifestly have not obtained everything from the unilateral and begrudging changes in city and state law that they could have gotten were this case litigated to a favorable result, with declaratory relief that the transport ban is (and always was) unconstitutional and binding, forward-looking injunctive relief,” the plaintiffs’ lawyers said.

SEE ALSO: Federal Court Declines to Hear Challenge to ‘Good Cause’ Ruling, Potentially Putting Issue on Path to SCOTUS

A wide variety of pro-gun organizations have filed briefs in support of the plaintiffs, including the National African American Gun Association, the Pink Pistols, the Liberal Gun Club, the Cato Institute, and the Academics for the Second Amendment.

One hundreds and twenty members of the U.S. House also filed a brief in support, arguing that the right to keep and bear arms in “is an individual, natural, and fundamental right” that “predates the Second Amendment, and its central concept is the right of self-defense.”

The Court will hear the first oral arguments on Monday, December 2, 2019.

***Buy and Sell on GunsAmerica! All Local Sales are FREE!***

About the author: Jordan Michaels has been reviewing firearm-related products for over four years and enjoying them for much longer. With family in Canada, he’s seen first hand how quickly the right to self-defense can be stripped from law-abiding citizens. He escaped that statist paradise at a young age, married a sixth-generation Texan, and currently lives in Waco. Follow him on Instagram @bornforgoodluck and email him at jordan@gunsamerica.com.

{ 12 comments… add one }
  • Michael B Crooks May 1, 2020, 6:48 am

    Ginsberg is a socialist, anti 2nd Amend hating, unAmerican, commie.

  • JGB October 11, 2019, 10:12 am

    The libtards will never cease to seek the destruction of the 2A because those politicians all follow the UN’s disarmament agenda.

    WE are the ONLY country on earth where protection for your guns exists in federal law. The “2nd amendment” doesn’t exists anywhere else. And WE are the LAST country that lets its citizen obtain guns so easily. Heck… where else on earth can you legally buy a rifle and ammo online ??

    • Troy October 12, 2019, 9:43 am

      You do realize you can’t just buy a firearm online. Still need to go through a FFL dealer and a background check. Nothing like back before 1968 when you could order by mail from even SEARs and have it shipped to your door.

    • christopher david scallio October 12, 2019, 5:51 pm

      What Can NYPD do if I take my gun out of NYC?
      Presumably me & my gun are outside NYC where the NYPD has no jurisdiction.

      • David Jackson March 6, 2020, 6:41 pm

        You have to get it outside their jurisdiction first, and there-in lies the rub. You would in all probability get away with it the first time. Until they go to the local ranges and copy the car license plate numbers. After that one free ride, you will be “free game”, with your license plate number and car make, model and year known to all local “Officers Of The Law”, forever.

  • TJ Reeder October 11, 2019, 10:00 am

    The Dim-O-Craps did the nation a vast disservice by stacking the courts with leftist/liberal/socialist for thirty years. The Republicrats being the gutless shits they are did the nation a vast disservice by not standing up and fighting them.

    Hate President Trump if you want and many do, it must be admitted that he is leveling the judicial playing field. If he never gets anything else done I pray he will get to appoint two more conservative justices to the SC and plenty more Federal justices.

    Our future as a free nation living under the Constitution depends on how the court system works.

  • Geo Ling October 11, 2019, 7:15 am

    We are in dire need of proper U.S. history education particularly with regard to the founding principles and their historical significance.

    “Pro-gun” groups say the right to bear arms “predates” the 2nd Amendment (true) and then say this rights “central concept is the right to self defense” (NOT TRUE). Just read it:

    “A well regulated Militia, being necessary to the security of a free State…”

    The central concept is the securing of Liberty from a tyrannical government.

    • Vic October 11, 2019, 9:49 am

      The Right to Self Defense is not limited to defending oneself against individuals..

    • John Brusko October 11, 2019, 12:15 pm

      The second amendment is part of The Bill of Rights. The democrats are the new communists and like all communists seek to destroy all American Rights. They must be defeated an eliminated from our political process.

  • JTR October 11, 2019, 5:34 am

    “The Court has faced significant political pressure in recent months to drop the case. Five Democratic Senators, backed by 139 House Democrats, issued a brief in August threatening to “restructure” the Court if it chose to move forward. The senators accused the Court of “partnering” with “the NRA and its allies”:

    “Particularly in an environment where a growing majority of Americans believes this Court is ‘motivated mainly by politics,’ rather than by adherence to the law, the Court should resist petitioners’ invitation,” they said.”

    I don’t know why this didn’t get more attention. It is very chilling to hear of one branch threatening to go after another because the first doesn’t like what the second is doing.

    • Tyrone October 11, 2019, 10:39 am

      More like half a Branch….

    • Ti October 11, 2019, 5:53 pm

      This is tail chasing, break the machine talk the progressive must use.Look in the mirror and blame the other side for doing what you are actually doing.Who is using the courts politically?

Leave a Comment

Send this to a friend