Author Topic: Landmark SCOTUS Decision, What It Might Mean for Delaware  (Read 840 times)

DelawareGold

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Reprinted from the Delaware House of Representatives Newsletter

The Supreme Court of the United States (SCOTUS) this week issued
a landmark decision, that is likely to impact Delaware.

In a 6 to 3 decision in the case of New York State Rifle & Pistol Association
v. Bruen, the High Court struck down a New York state law requiring that
people applying for a permit to carry a concealed weapon “demonstrate a
special need for self-protection distinguishable from that of the general
community.” Two petitioners in the case -- New York residents Brandon Koch
and Robert Nash -- applied for unrestricted licenses to carry a handgun for
general self-defense. New York officials denied both applications because
the state maintained the men had failed to show "proper cause."

Writing for the majority, Justice Clarence Thomas said the constitutional
right to bear arms in public for self-defense is not a second-class right.
"We know of no other constitutional right that an individual may exercise
only after demonstrating to government officers some special need,
"the opinion stated." That is not how the First Amendment works when
it comes to unpopular speech or the free exercise of religion. It is not how
the Sixth Amendment works when it comes to a defendant’s right to
confront the witnesses against him. And it is not how the Second
Amendment works when it comes to public carry for self-defense."

The SCOTUS decision could affect the process for obtaining a permit to
carry a concealed deadly weapon in The First State. Like New York,
Delaware is one of nine so-called "may issue" states. Officials in these
states can deny an application for a permit to carry a deadly weapon
based on their own evaluation. In Delaware, applicants must meet a
host of requirements, including a criminal background check and
firearms training. However, applicants must also receive approval from
both the state attorney general and Superior Court. Delaware's concealed
carry permit application requires citizens to disclose a reason for their
need to possess a weapon, cautioning them to "be VERY specific."
« Last Edit: June 25, 2022, 04:23:02 PM by DelawareGold »
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sprue

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Re: Landmark SCOTUS Decision, What It Might Mean for Delaware
« Reply #1 on: June 26, 2022, 12:33:21 PM »
We should be able to get suppressor laws overturned with this ruling.

Just Bill

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Re: Landmark SCOTUS Decision, What It Might Mean for Delaware
« Reply #2 on: June 26, 2022, 03:54:00 PM »
doubtful.  Keep in mind most of our judges were appointed by lefties.
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MarcWinkman

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Re: Landmark SCOTUS Decision, What It Might Mean for Delaware
« Reply #3 on: June 27, 2022, 02:31:53 PM »
doubtful.  Keep in mind most of our judges were appointed by lefties.

This is why the political balance on the judiciary was established in Article IV of the Delaware Constitution.  Even if it is a lefty appointing the judicial officer, the person being appointed must be from the appropriate political party to maintain the political balance on the bench.

sprue

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Re: Landmark SCOTUS Decision, What It Might Mean for Delaware
« Reply #4 on: June 27, 2022, 05:29:48 PM »
Since the supreme court has ruled that the two part system should not be used in 2A cases the court can't weight state interests in the decision. Either suppressors are protected by the 2nd or they're not and the state can't provide any compelling evidence to support a ban other than easily disprovable movie hysteria. The former acting head of the ATF even suggested removing them from the NFA because of all the paperwork required to regulate them.