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NYC – GUN RIGHTS – More Gun Cases Waiting in High Court Wings if NY Dispute Flops

The first gun rights case at the U.S. Supreme Court in a decade looks like it might get tossed on a procedural hiccup, but questions raised at argument Dec. 2 about the heightened standard of scrutiny that gun rights advocates would like to see for gun regulations preview what the court’s next Second Amendment case could look like. By taking an off ramp in the current case, the justices could delay putting the court in the middle of a highly charged political issue until after the 2020 elections, where Republicans’ stance on gun regulations threatens to hurt their chances with suburban voters as mass shootings continue to grab the public’s attention. But the court wouldn’t have to wait long to revisit gun rights. It “seems likely the Court will take up another Second Amendment case next term, regardless of what happens” in the current case on a repealed New York City gun control law, said Second Amendment scholar Adam Winkler of the University of California, Los Angeles. Since the Supreme Court’s seminal rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010, lower courts have overwhelmingly upheld gun regulations using some version of intermediate scrutiny, Winkler said. The Supreme Court has declined to clarify a standard for evaluating gun regulations since deciding in those landmark cases that there is a right to own a gun for self-protection in the home.  [full article]

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