The big news last week was the Supreme Court granting cert on the case of NYS Rifle & Pistol Association v. Corlett. The Volokh Conspiracy had the most interesting take. Quote:
- As soon as I saw the grant, I started to scratch my head. Why did the Court rewrite the QP? Here is how Paul Clement framed the issue for the petitioners:*
Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.
There are at least five major differences between Clement’s QP and the Court’s QP.
Listening to the Advisory Opinions podcast, David French asserted that some of the court are looking to establish a floor on the right to bear – which will be lower than what most in the RKBA arena want. As in, may-issue will probably be struck down, but the door will be left open to the states to determine the conditions upon which they shall issue the license.
Then it will be up to the lower courts to determine what’s an unreasonable burden. And won’t that be fun?