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DetroitLegalBeagle

(2,353 posts)
2. The current case before SCOTUS this term is likely going to present a problem
Mon Dec 13, 2021, 05:01 PM
Dec 2021

NYSRPA v Bruen was just argued in the beginning of November. Based on how the arguments went(and trying to predict the outcome of the case based on the oral arguments can be hit or miss), the "may issue" standard is likely going to be declared a violation of the 2nd Amendment and unconstitutional. Discretion will be removed entirely and it will be solely based on whether the person meets the legal requirements. Now, this case has been narrowed to specifically address the issuance of concealed carry permits, but its unlikely that may issue for permit to purchase or possession would survive a challenge when that standard is barred for concealed carry. Of course SCOTUS could shock everyone and let the may issue standard stand, but with a 6-3 conservative majority, I highly doubt it.

That all said, NICS definitely needs to be strengthen and all agencies, fed, state, and local, need to actually report to it. That was the problem with the Texas church shooting a few years ago. The USAF failed to report the gunman's court martial and conviction to the FBI. Had they done so, his NICS check would have failed when attempted to purchase the guns he used in the shooting. Reporting to NICS is spotty and inconsistent and needs to be better.

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