New York was, until recently, somewhat confident in its position. But everything changed when the Supreme Court agreed to hear the case.
Monday's oral arguments are a culmination of years of litigation made possible by a framework established by Scalia in 2008, which carved out constitutional protections for firearms uses that abide"traditionally lawful purposes." Over the ensuing years, a frenzy of legal spelunkers sought to explore just how cavernous the scope of's protection was.
Yet one measure stood out among the unusually productive legislative session: a law affirming the privileges of gun owners in the state. Not to be outdone, New York City enacted its own rules in July expanding Second Amendment rights. New York was, until recently, somewhat confident in its position, having gamely survived these legal hurdles and scrutiny the judiciary had thus far been applying to its reasoning. But everything changed when the Supreme Court agreed to hear the case.
The city, for its part, defended the restrictions as part of a rich history of gun control that predates the U.S. Constitution. The city noted a 1763 municipal rule which forbade the discharge of firearms"in any street, lane or alley... or in any place where persons frequent to walk." This groundwork signaled the city's attempt to obey theIn terms of public carry, New York objected to the notion that the pistol association would raise that argument in the first place.
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