United States – -(AmmoLand.com)- In the wake of the Supreme Court’s ruling in New York State Rifle and Pistol Association v. Bruen, New York – as well as California – had choices. They could be smart, and abide by the rulings, maybe even treat gun owners as American citizens with rights guaranteed by the Constitution, or they could be dumb and double down.
Between Rob Bonta’s message to California law enforcement and the proposals out of New York, it looks like they have chosen to double down. In other words, they decided to make Clarence Thomas’s day.
How, exactly, will that go down? Simple: NYSRPA v. Bruen spelled out the test that courts will have to use, and defiant courts – not to mention state legislatures – are going to see Justice Thomas do in the legal sense what “The Rock” did in WWE rings: Layeth the smack down.
The “good moral character” requirement and the requirement to turn over one’s social media history are clearly the types of provisions that could be challenged in court. The “good moral character” provisions are clearly subjective, like determining “good cause” to carry a pistol.
Handing over years of social media posts is a major burden, even in a “shall issue” state. These sound precisely what Justice Thomas was talking about in the footnote on page 36 of the opinion.
It’s also open defiance of the decision. This is something we cannot and should not ignore. If you or I were to try defying a court ruling, we’d get slapped with fines and possibly time in jail for contempt of court. Second Amendment supporters can and should wield this as a talking point against anti-Second Amendment extremism.
So, you can bet that the schemes emanating from California and New York are not going to be hanging around for long. If lower courts do not strike down these requirements, SCOTUS could very well take them down, and the only real question is whether the lead respondent will be California or New York.
That being said, one of our biggest tasks going forward is to convince our fellow Americans not to go along with schemes to overturn NYSRPA v. Bruen and enact onerous restrictions on our rights, particularly through packing the courts. Mondaire Jones is likely to be the voice of the typical anti-Second Amendment extremist in the next decade. Second Amendment supporters must work to defeat anti-Second Amendment extremists via the ballot box at the federal, state, and local levels to ensure that Justice Thomas can hold the line.
About Harold Hutchison
Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.
It shouldn’t just be Mr. Thomas that has to “hold the Line”. All of our Government should prevail in its Oath of office to Protect our Constitution
This is about the most sensible article Harold has written.
Re: the headline, New York and California will make Clarence Thomas’s day… New York, California, Hawaii, Maryland, Delaware New Jersey, Connecticut , and Massachusetts will do whatever they want with no regard for the findings of SCOTUS. There, said it for all to see.
would be nice if some of these idiots would be jailed for contempt and made ineligible to hold public office ever again
Won’t happen with the current Regime’s DOJ, that’s for sure.
Just how many “FJBs” does it take on your social media to be ineligible for a New York carry permit ?
I may have limited out !!
You and me both Rowboat. Good thing I’ve no desire to ever enter New York even as a tourist.
It is a shame these communistic/nwo “public politicians” can implement their PRIVATE AGENDAS using their public offices ILLEGALLY. They are PAID EMPLOYEES! Their MAIN JOB is to PRESERVE AND PROTECT the Constitution! They SWOR AN OATH to protect the Constitution from ENEMIES, BOTH Foreign AND Domestic. They have BROKEN THEIR OATHS when they try to pass “laws” that go AGAINST OUR AMERICAN CONSTITUTION. For this, They MUST be SUED for breaking their SWORN OATH!!
Yes, we need a federal recall statute.
Which of the US entities responsible for enforcing our laws will step up to impose these new rules? Which of their leaders will actually execute their oaths of office? With no one to defend justice under our laws this SCOTUS decision isn’t worth the paper it’s written on. So, what if someone sues ATF, NJ or NY for violating the new laws and wins… then what?
Laws are for people to obey. Not governments.
What the LEFT wants is a DICTATORSHIP. What the RIGHT wants is a return to obedience and respect for the US CONSTITUTION. And what BOTH PARTIES want is the $$$$$$ they receive from the THUG OLIGARCHS who really OWN this joint. Can YOU figure out WHY you keep on losing ?
I know that NYS Lawyers are just waiting for clients with standing.