A New York judge handed the state some very bad news, ruling that it has to pay nearly half a million in legal fees to the NRA after a recent Supreme Court win.
The case was decided in the summer of 2022 by SCOTUS. The high court ruled that a New York public carry licensing law was unconstitutional. It also contended that it was a constitutional right guaranteed by the Second Amendment to open-carry a gun, according to Fox News.
The case, New York State Rifle & Pistol Association v. Bruen, was a major win for the National Rifle Association (NRA). Due to that triumph, the New York Judge mandated that the state pay $447,700.82 in legal fees to the NRA.
“The NRA regards the $447K award in the NYSRPA V. Bruen case as a pivotal victory, a symbol that justice is definitively on our side,” Michael Jean, who is the NRA’s director of the Office of Litigation Counsel, told Fox News Digital via a statement.
Far more than a half million was spent in NYSRPA v Bruen but it’s still welcome.
— GunsNewYork (In Exile) (@guns_ny) October 2, 2023
SCOTUS delivers NY a huge blow and the Second Amendment a win on gun ruling https://t.co/L6ChIds2Rp
— American Wire News (@americanwire_) June 23, 2022
“This triumph in Bruen has fortified the Second Amendment in an unprecedented manner, and we continue our unrelenting fight to uphold our rights and challenge those who endeavor to infringe upon them,” he asserted.
Jean admitted that the payout “only scratches the surface” and covers “merely a third” of the group’s legal expenses. He stated that “New York refuses to fully compensate” the NRA for its unconstitutional moves but he thanked “devoted NRA members” for donating to help win the case.
This is only one win in a neverending battle against leftists who want to strip Americans of their gun rights. Lawfare is being waged with the intent of breaking the NRA. The organization declared bankruptcy in New York and moved to Texas, but the fight goes on.
“The opinion changes the framework that lower courts will use going forward as they analyze other gun restrictions, which could include the proposals currently before Congress if they eventually become law,” CNN reported.
“The majority’s expansion of what the Second Amendment protects will have monumental ramifications far beyond carrying firearms in public – on everything from age restrictions to assault weapons bans to limits on high-capacity magazines,” Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, commented at the time of the ruling.
(Video Credit: WFAA)
“We’re in for a whole new slew of litigation challenging any and every gun-control measure in light of the analysis in today’s ruling,” he said.
“Before the high court weighed in, the standard for carrying a weapon required an applicant to show ‘proper cause’ for seeking a license and allowed New York officials to exercise discretion in determining whether a person has shown a good enough reason for needing to carry a firearm. Stating that one wished to protect themselves or their property was not enough,” Fox News reported.
“In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home,” Justice Clarence Thomas wrote in the court’s opinion while referring to two previous gun cases.
“Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution,” he noted.
The justice also pointed out that the statute fails to define what “proper cause” means, and that courts had ruled that the standard was met by people who showed a “special need for self-protection.”
(Video Credit: WFAA)
The dissenting opinion was written by leftist Justice Stephen Breyer just before he retired from the high court. His dissenting opinion railed about gun violence and recent gun-related deaths. He was joined by Justices Elena Kagan and Sonia Sotomayor in the opinion.
“Many States have tried to address some of the dangers of gun violence just described by passing laws that limit, in various ways, who may purchase, carry, or use firearms of different kinds,” Breyer wrote at the time. “The court today severely burdens states’ efforts to do so.”
“Following the court’s decision New York legislators immediately passed the Concealed Carry Improvement Act, which prohibits carrying a gun in ‘sensitive areas,’ such as stadiums, houses of worship, museums, parks and other public places; imposes revised record-keeping and new safety requirements on retailers; and mandates background checks on all ammunition purchases,” Fox News reported.
Gun retailers proceeded to appeal to the Supreme Court in January to stop that law from going into effect while the litigation proceeds. The Supreme Court rejected that appeal.
We think the title says it all here.
New York’s Concealed Carry “Improvement” Act is a direct violation of the Bruen decision and a slap in the face to the #2A.
GOA and @gunfoundation‘s attorneys are some of the best in the business and will KEEP FIGHTING THESE INFRINGEMENTS! https://t.co/nBxObs2LqC pic.twitter.com/MXpGitZgY9
— Gun Owners of America (@GunOwners) February 24, 2023
“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,” Paloma Capanna, who is the lead attorney for the New York gun retailers, proclaimed. “So it really was unfortunate to see that we couldn’t get any emergency temporary injunction against those laws.”
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