Supreme Court Agrees To Hear Gun Rights Case Stemming From New York Restrictions

BY Herschel Smith
5 years, 4 months ago


The Supreme Court agreed Tuesday to jump back into the national debate over gun rights after nearly a decade on the sidelines.

The justices agreed to consider a petition backed by gun owners’ groups asking them to strike down New York City’s strict rules for carrying legally owned guns outside the home.

[ … ]

City officials argued that more liberal transporting policies in effect until 2001 were abused. While the policies were intended to allow gun owners to take unloaded guns only to target ranges outside the city, some guns were found loaded, or far from ranges, or on airplanes.

Unlike golf clubs and musical instruments, firearms present public safety risks that the city has a legitimate interest in protecting against,” their brief to the court said. “Limiting their possession and use in public minimizes the risk of gun violence.”


There are good answers to these questions. Right-to-carry laws, like those in Texas, appear to contribute to violent crime and increase homicide rates. Individuals carrying a weapon are more likely to escalate incidents of road rage and domestic conflicts into fatal shootings. Cities and states have a strong interest in curbing individuals’ ability to bring deadly weapons into the streets.

The bolded sections indicate the naïve belief in myths and fairy tales.  The myth is that prohibition effects law-abiding citizens in people who would otherwise be criminals.  The entirety of history runs counter to this myth, but myths and fairy tales die hard.

But the perpetrators (cops) don’t believe the myths.  They just don’t want to give up their “only one” rights.  The real believers are folks like the author at Slate, who must be mistaking the law abiding – who rarely will use firearms due to the knowledge that most prosecutors put another notch in the belt for every law abiding gun owner they can prosecute – for the real danger, i.e, cops.

Cops, who shoot Chihuahuas, invade the wrong home, pull guns on people for no good reason, kill each other in the line of duty, shoot the wrong person, routinely lose their guns, discharge firearms at moving vehicles in a busy intersection, engage in more wrong home raids, aim poorly, shoot unwisely and kill the wrong person, shoot people who are not the intended targets, fight with lawful gun carriers, cause negligent discharges, engage in more wrong home raids, engage in rolling gun battles where they discharge 600 rounds in crowded streets, shoot innocent people, burn toddlers in SWAT raids, lose their guns in dance floor moves, shoot innocent children, engage in more wrong home SWAT raids, have more negligent discharges, shoot heroes who stop shootings, shoot more heroes who stop shootings, shoot kidnapping victims, engage in more wrong home SWAT raids, use their guns like hammers, shoot more innocent people, shoot an innocent man during a SWAT raid, lose machine guns, shoot themselves, pull guns on the wrong people, engage in more negligent discharges, shoot photographers, shoot each other, violate the rules of gun safety, shoot innocent victims, unholster guns in road rage incidents, shoot dogs, kill more innocent people, shoot each other, point guns at each other, shoot more innocent people, engage in more rolling gun battles, have more negligent discharges, throw grenades at babies, shoot people with dementia, shoot their own children, shoot into day care facilities, shoot each other, engage in more wrong home raids, pull guns on seven year olds, shoot more dogs, engage in more wrong home SWAT raids, point guns at each other, violate the rules of gun safety and shoot each other, shoot more dogs, engage in more negligent discharges, shoot more dogs, point guns at each other, engage on more negligent discharges, shoot each other, engage in more negligent discharges, engage in more negligent discharges, kill more dogs, engage in more negligent discharges, engage in more negligent discharges, shoot each other, engage in more negligent discharges, kill more dogs, kill more dogs, engage in more wrong home SWAT raids, kill more dogs, point guns at politicians, fire guns in court, kill more dogs, engage in moe wrong home SWAT raids, engage in more negligent discharges, lose more machine guns, engage in more wrong home raids, engage in more wrong home raids, lose more machine guns, kill disabled war veterans in their own home, shoot each other, shoot more dogs, and I could go on for hours more.

So I don’t want to hear another damn word about gun safety.  Can you grok that?

And by the way just to reiterate what I’ve said so many times before, my rights come from the Almighty maker of heaven and earth, not the constitution.  The constitution is a covenant between men, nothing more.

Trackbacks & Pingbacks


  1. On January 23, 2019 at 8:25 am, Bram said:

    Can’t let the peasants leave the feudal manor with weapons.

  2. On January 23, 2019 at 9:20 am, Whipoorwill said:

    To the lawyers representing the government of New York. Fuck you. Go back to the city and spend an enjoyable weekend sucking Cohen’s lying lawyer dick. Then finger fuck each other in the asshole for extra fun.

    I don’t care about the arguments anymore.

  3. On January 23, 2019 at 10:04 am, Michael (from Utah) said:

    This is why I love this site. Someone who calls it like it is.

    Police are incompetent morons and they demonstrate this nearly every day.

    And the media? They’re like the cops – incompetent. “Hey, don’t ‘cha know? Gunz is scary!” That’s the media’s take on firearms in the hands of citizens.

  4. On January 23, 2019 at 10:09 am, Ken said:

    Great article, I made sure all links are archived on Wayback so they never turn up dead.

  5. On January 23, 2019 at 10:16 am, Ned said:

    Excellent post Herschel.

  6. On January 23, 2019 at 10:17 am, revjen45 said:

    I carry a piece 24/7. For this reason (among others) I avoid doing anything that could reasonably be expected to initiate or escalate violence. I do not flip off the cretins who infest society and the highways or return the salute when it’s offered to me. I live in a state with de facto SYG, but I would retreat to avoid having to shoot. At age 71 I am unable to either flee or go mano-a-mano with any average adult male, therefore armed SD is my most effective option.
    As far as the so-called “weapon effect” invented by egghead psycho-charlatans, the only thing I have to prove is that I am not stupid enough to escalate a minor disagreement into a deadly force incident.

  7. On January 23, 2019 at 10:34 am, TheOtherGeorge said:

    I for one, appreciate the time and effort that went into this entry of your blog post. Speaking about gun safety; a number of years back my wife and I had to go to NYC for some reason or other and I noticed that every one of “New York’s Finest” was armed with a Glock pistol. I have never liked pistols without a proper (manual) safety and cops, more than anyone else, should not be permitted to carry such for obvious reasons. Yes, I know about the tabbed trigger “safety” and the arguments for it, but to me it seems like putting the brake pedal inside the accelerator pedal of a motor vehicle.

    As far the Supremes ruling on this issue, I would be really surprised if they did not rule in favor of NYC on this (or any, for that matter) gun rights issue. NYC’s agenda regarding guns is part of The Agenda for TPTB.

  8. On January 23, 2019 at 11:09 am, Jim said:

    As an above comment says, I am 71 as well, and carry all awake hours and am no more than half an arm length away while sleeping. As well, there’s no way on God’s green earth I’m going to instigate or escalate any argumentative situation– simply because I am carrying. More than once I’ve walked away from a commie in my face. So, piss on NY gun laws. As a matter of fact, piss on fed gun laws even more.

  9. On January 23, 2019 at 11:19 am, Fred said:

    There are 70 million dead babies at the hands of this ‘court’. It is illegitimate.

  10. On January 23, 2019 at 11:56 am, ghostsniper said:

    I’ll possess whatever I want and no one gets to say anything about it.

    Whole lot of people running around out there minding everyone else’s business while neglecting their own.

    If they were neck chained as draft animals they’d quickly see the error of their ways and the rest of us would be better off for it.

  11. On January 23, 2019 at 12:06 pm, JFP said:

    Meh, the supremes will find narrowly for gun owners to placate the public like with Heller but let the gun grabbers have work arounds like many states are doing now.

    Glendale police swatted a pc tech/youtuber live recently. No one hurt but the cops treated the guy like he was the suspect as per usual. Some clips of the cops searching the house after a hacker called 911.

  12. On January 23, 2019 at 12:30 pm, LNPD said:


    Yeah that’s BS for sure. They’re not training to Deescalate, as they being trained to escalate in order to use force against the subject of the state. Depopulation is the endgame of the state and they don’t want any liabilities. No one wants to admit it, but they are at war with the public.

  13. On January 23, 2019 at 1:12 pm, Bruce Gordon said:

    Nena Totenburg (Liberal NPR Babe) was on C-span yesterday, and it is HER Opinion that NYC is going to loose this case, for sure… The only Question is Just how Wide or Narrow will the ruling be… If it is Wide, lots of draconian Statutes will Fall, if it is Narrow, then NYC will have to draft a new Statute, and ANYONR convicted under the OLD Statute will either have to be retried, (Expensive) or be exonerated…

  14. On January 23, 2019 at 2:22 pm, Alaska Paul said:

    I am also heading on 71 (where did it all go but what a ride) and I carry concealed. I keep myself in good shape, despite a bout last year with pancreatic cancer (beat it so far). One colleague and I are armed in our office, and equip the ladies with spray, so we have a plan to implement if we perceive or are faced with a threat.

    One does not look for a threat, that is foolish. Fortunately, Alaska has reasonable gun laws. But so called liberals have the compulsion to dictate their delusional philosophy to everyone. Dictators have to dictate. For extremes go to the UK. You cannot carry knives there. Criminals and jihadis have the run of the land, while law abiding people are considered sheep for the slaughter.

    SCOTUS is just another political organization. Congress does not take its responsibilities, so the judicial legislates from the bench to fill the vacuum. The govt has the power but not the personal accountability, so you have a bunch of low lifes being able to spend trillions but with accountability. Not sustainable.

  15. On January 23, 2019 at 3:31 pm, DW said:

    Dear HS:

    I follow your blog and several others of the same mind-set fairly regularly (AM Partisan, MtnG-Mosby, etc.) and I find myself in agreement with the majority of the postings.

    While I have never been anti-cop, I certainly oppose the way policing is done these days and the fact that the laws for us do not apply to them. So in regards to this post – well done, support your position 100%.

    My uncle was a cop up in Reno. He told me a long time ago (when things were sort of normal?) – he said 15% of all cops care and want to do a good/honorable job, 15% of cops are complete psychopaths, and 70% will just do what they are told. Usually by the 15% psycho’s that are sadly in charge. Those are not good odds, and I don’t see them improving.

    My unresolved concern is what are our options / how do we change this situation / what kind of life am I leaving for my kids and grandkids? For many years I have been asking various folks – how do we go about “peacefully” splitting up the country between us and them? Can it be done? Clearly this experiment we called the USA is over. Why can’t we admit it?

    While I have been doing what I can to prepare for bad times, I am under no illusion what a USA SHTF scenario would entail (see Selco on steroids). I have, if things go well, maybe a years worth of food/water & bullets. And nothing ever goes “well”. Then what? Call me crazy but I like hot/cold running water, electricity, toilets that flush. I have parents with Alzheimer’s and other family obligations that require that I keep my mouth shut and work within the current sjw economic environment. I can’t move to a hill in Idaho. It’s simply not an option right now.

    Voting and Trump are not the answer. While entertaining he may be, he is simply a speed-bump on the road to hell.

    I realize that you don’t have the miracle solution to our problems, but I feel like we are all on the same bus headed over the cliff and we are just going to wait to see who’s alive after the crash? It seems like it would make more sense to stop the bus and let us get off. I don’t know how to make that happen, but I would certainly like the opportunity to be part of the solution. If there is one?

    Rant concluded.

  16. On January 23, 2019 at 7:18 pm, James said:

    DW,the ? you ask is on everyone’s mind that can actually think things through.Some who wish collapse for the sheer joy ask them to look at former Yugoslavia for reasons for this insane desire,and,hopefully,rethink.

    You have legit answers or find someone who does please share them,especially if they do not involve a lot of bloody/horrific sacrifice,seems to me that may be our future unfortunately,be very glad to be wrong.

  17. On January 24, 2019 at 12:42 am, George said:

    Yes DW. It would be optimal if the left and right in the USA could just have an amicable divorce. But the communists will not allow a peaceful solution I fear. I am an old man. I know I will not be able to defend myself for long and that is OK. By the time the real violence starts I may be gone anyway.

    I pray for my son and all of the younger people. I plan to assist all of them I can however I can to help them prepare while I am still around.

    God’s speed to all of you.

  18. On January 24, 2019 at 7:23 am, OODA said:

    @bruce gordon: Nina Totenberg is a college dropout and while she has reported on SCOTUS for decades, she has no/no legal qualifications and is as fit to guess the merits of the case as my grocery checkout clerk.

  19. On January 24, 2019 at 10:59 am, BRVTVS said:

    And more dogs:

  20. On January 24, 2019 at 3:29 pm, Gryphon said:

    This would be, even if decided for the Plaintiffs, just another ‘on the Margin’ Court Case dealing with the Minutiae of how much can the State infringe on the Peoples’ Rights. You will NEVER see a Supreme Court Decision that Declares that the “…Shall Not be Infringed” Clause is the Law of the Land.

    Just Like that not relevant anymore Gun Control Org, NO ONE in The Swamp(tm) will Ever Admit that the Constitution Negates Any and All ‘gun control laws’.

  21. On January 24, 2019 at 5:41 pm, fred davis said:

    great position points, only missed one point by 1/4 inch. 99% of dumb moves by law enforcement street walkers, can be directly attributed to incompetent, or politically motivated, sand bagging, non hacker, god like, managers. in short, in LE, those that can’t, become managers. Those that don’t want to… become supervisors. And- those that are incompetent, mindless, political automatons, are often appointed as chiefs. Under no circumstances to politicians want highly trained, professional, self thinkers, in positions of authority. No threats to politicians allowed!

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You are currently reading "Supreme Court Agrees To Hear Gun Rights Case Stemming From New York Restrictions", entry #20477 on The Captain's Journal.

This article is filed under the category(s) Police,Second Amendment and was published January 22nd, 2019 by Herschel Smith.

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