"May-issue" gun laws are now vulnerable to court challenge

[friendly_iconoclast]

As all nine Supreme Court justices ruled for incorporation of the Second Amendment in McDonald v. Chicago, any refusal to issue a permit to otherwise qualified individuals by a locality is now deprivation of civil rights under color of law.

So now, many cities in California, New York, and Massachusetts are now faced with the choice of abandoning the unlawful and corrupt practice
or defending it in court.

Good riddance, says I.

[Riftaxe]

1. It will be interesting to see what happens

in the areas that would only issue to the wealthy and politically connected up to this point.

[bossy22]

2. not necessarily

first off, only 6 really voted for incorporation (5 for a decently strong right and 1 for a bastardized shell of a right). The other 3 just tried to re-argue heller (im quite dissapointed in sotomayor; i thought she would have stuck with steven's mindset)

Second, right now, this ruling still really only applies in the home- my guess is that it will take a long time (and may not even happen) to turn NYC from a "may-issue" into a "shall issue" (with regards to a carry permit- i don't question that these places will be forced to issue permits for home possession in a shall issue manner)

My hope is as we go foward, this ruling well help entrench the heller ruling as law and make a challge towards it less likely to succeed. Remember, if the 3 dissentors got 2 more, not only would chicago still have their ban, but Heller would be defunct

[Statistical]

4. Of course it will take long time. Constitutional challenges always do.

People forget Heller was decided 7 years after Heller was denied a permit.

The point is there is a path towards showing may issue violates due process and equal protection under the law.

The 2nd is a right, it is a fundamental right and that protection applies equally to both States & Federal agents.

It might be a decade but a challenge will happen and it will go all the way to SCOTUS again.

[sailor65]

3. That's what I'm hoping.

Having lived in the "Shall Issue" state of Michigan for so long, I'm hoping to see New York moved away from the ridiculously arbitrary "May Issue" before I move back there later this year.

[kelly1mm]

5. Maybe there is hope for Maryland as well. If you do not have BIG

BUCKS don't even try to get a CWP here.