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PTWB

(4,131 posts)
Thu Jun 23, 2022, 11:41 AM Jun 2022

The SCOTUS ruling on concealed carry is not unexpected

It doesn’t mean states must issue concealed carry licenses to anyone for any reason.

SCOTUS ruled that states are free to condition licenses based on objective requirements, whereas some states were previously using subjective requirements. The ruling holds that if an applicant meets all the objective requirements that have been set by the state, the state cannot deny them their license.

Nothing is stopping New York, California, and the half a dozen other states that are impacted by this ruling from making a long list of objective requirements in order to obtain a permit to carry.

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The SCOTUS ruling on concealed carry is not unexpected (Original Post) PTWB Jun 2022 OP
Correct. roamer65 Jun 2022 #1
SCOTUS decisions often have nuance that gets ignored in the rush to complain about them AZSkiffyGeek Jun 2022 #2
Miranda ruling is used in other countries. Historic NY Jun 2022 #10
But the ruling related to suing the police for not Miranda-ing AZSkiffyGeek Jun 2022 #13
True but it seem to been a sput to push it elsewhere. Historic NY Jun 2022 #15
The decision said the requirements were an undue burden in NewYork. So that's not a given. onecaliberal Jun 2022 #3
That's because they were subjective. PTWB Jun 2022 #5
This is not the best argument. IMO. onecaliberal Jun 2022 #7
I'm not sure what you're saying. PTWB Jun 2022 #14
I hear you, I'm just telling you this is what they'll argue and drag out every one of these issues onecaliberal Jun 2022 #18
I don't like that sheriffs control this in CA. David__77 Jun 2022 #4
SCOTUS can EABOD. Voltaire2 Jun 2022 #6
👆🏻👆🏻 onecaliberal Jun 2022 #19
I suspect NYS will tax and regulate the fuck out of guns and gun owners BeyondGeography Jun 2022 #8
I hope so. Scrivener7 Jun 2022 #11
Shhh.... sarisataka Jun 2022 #9
Sure. Because who can tell the difference between a bus and a gun? Scrivener7 Jun 2022 #12
As I indicated it is an imperfect analogy sarisataka Jun 2022 #17
There's the rub though. Nothing stopping states from trimming their... brush Jun 2022 #16
Many states don't have any requirements at all to carry a gun. PTWB Jun 2022 #21
Yeah, this just means more guns in a nation awash in them. brush Jun 2022 #22
Thank you for clarifying this! Native Jun 2022 #20
The Court basically thought New York was doing an end-run around Heller Sympthsical Jun 2022 #23
I'm curious to see what new requirements New York decides on PTWB Jun 2022 #24

roamer65

(36,747 posts)
1. Correct.
Thu Jun 23, 2022, 11:43 AM
Jun 2022

That ideology will be in the new laws they pass.

Which effectively will be telling SCOTUS to go fuck itself.

AZSkiffyGeek

(11,103 posts)
2. SCOTUS decisions often have nuance that gets ignored in the rush to complain about them
Thu Jun 23, 2022, 11:43 AM
Jun 2022

Both the gun ruling and the Miranda ruling suck, but are not as apocalyptic as being made out to be.

Historic NY

(37,456 posts)
10. Miranda ruling is used in other countries.
Thu Jun 23, 2022, 11:53 AM
Jun 2022

I was watching the should about smuggling in airports and was surprised that the Columbian police gave almost word for word the same warning given here. So perhaps it's one ruling that had greater implications or codifications.

British always use 'caution'


[link:https://sgp.fas.org/eprint/miranda.pdf|]

AZSkiffyGeek

(11,103 posts)
13. But the ruling related to suing the police for not Miranda-ing
Thu Jun 23, 2022, 11:56 AM
Jun 2022

And it was on a case that the defendant was found innocent before he sued.
Perhaps it is incremental and further erosions are coming, it certainly could be given this court, but the ruling wasn't for someone found guilty on information obtained without providing Miranda.

 

PTWB

(4,131 posts)
5. That's because they were subjective.
Thu Jun 23, 2022, 11:46 AM
Jun 2022

Someone had to prove they had a special need to have a license, which was not defined by the legislature, and was at the discretion of the officer in charge of reviewing and approving / denying the application.

If New York decides that concealed carry holders must take gun safety annual classes, for example, that would be an objective requirement.

onecaliberal

(32,934 posts)
7. This is not the best argument. IMO.
Thu Jun 23, 2022, 11:50 AM
Jun 2022

Church- can’t ban guns at church, there are church shootings.
Schools- can’t ban guns at schools, there are school shootings
Stores- can ban guns at stores, there are shootings in stores.
I’m sure you see the theme. They want guns everywhere.

 

PTWB

(4,131 posts)
14. I'm not sure what you're saying.
Thu Jun 23, 2022, 12:01 PM
Jun 2022

Part of the ruling confirmed that states CAN restrict people from carrying guns in sensitive areas, such as schools, government buildings, etc.

The ruling confirmed this is appropriate and is settled case law.

onecaliberal

(32,934 posts)
18. I hear you, I'm just telling you this is what they'll argue and drag out every one of these issues
Thu Jun 23, 2022, 12:28 PM
Jun 2022

In court.

David__77

(23,559 posts)
4. I don't like that sheriffs control this in CA.
Thu Jun 23, 2022, 11:44 AM
Jun 2022

I support requiring criteria be publicly known, intuitive, and specific.

BeyondGeography

(39,387 posts)
8. I suspect NYS will tax and regulate the fuck out of guns and gun owners
Thu Jun 23, 2022, 11:52 AM
Jun 2022

A case of be careful what you wish for in the making.

sarisataka

(18,826 posts)
9. Shhh....
Thu Jun 23, 2022, 11:52 AM
Jun 2022

Don't let facts get in the way of a perfectly good rant or two.

Could you imagine, to use the extremely imperfect analogy, the reaction if a person took driving classes, passes the tests, filled out all of the forms for a driver's license then is told "You live in a city with public transportation. We won't give you a license unless you can prove you have a special need to drive your car "

sarisataka

(18,826 posts)
17. As I indicated it is an imperfect analogy
Thu Jun 23, 2022, 12:24 PM
Jun 2022

Regardless which end it is viewed from. Do you recall however the lady who killed two people in separate incidents with her car in less than a month. I believe if convicted she faces 6 years; which would the potential sentence be if she shot to death two random people in a month?

As others have indicated, NY and other states can set stringent objective requirements to get a license. Training, insurance, background checks... as long as they are not impossible to achieve they would be allowed.

 

PTWB

(4,131 posts)
21. Many states don't have any requirements at all to carry a gun.
Thu Jun 23, 2022, 12:50 PM
Jun 2022

As long as it is being carried by someone who is not a prohibited possessor.

Sympthsical

(9,140 posts)
23. The Court basically thought New York was doing an end-run around Heller
Thu Jun 23, 2022, 01:14 PM
Jun 2022

And this was their "Nice try!" response.

 

PTWB

(4,131 posts)
24. I'm curious to see what new requirements New York decides on
Thu Jun 23, 2022, 01:46 PM
Jun 2022

This ruling really seems to open the door wide for any number of requirements as long as they are objective and not subjective.

I expect to see a laundry list of requirements that licensees must do, and that the requirements will be so burdensome that few people will actually have the time or money to satisfy them.

This will likely be back in front of SCOTUS in a few years.

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