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On one side is the American Civil Liberties Union and its New York state counterpart, which contend that the state law is justified to protect First Amendment rights in the public sphere. On the other side are a coalition of New York–based public defender groups who contend that the law actually gives cops a license to discriminate and harm indigent and minority New Yorkers who try to exercise their Second Amendment rights. The result is two starkly different visions of how the law affects civil rights, public safety, and the Constitution. …

The ACLU’s official position on the Second Amendment is that it protects a collective right to self-defense and not an individual one, a stance it admits is at odds with current constitutional law. “For seven decades, the Supreme Court’s 1939 decision in United States v. Miller was widely understood to have endorsed that view,” the group stated in an explainer on its website. “This position is currently under review and is being updated by the ACLU National Board in light of the U.S. Supreme Court decision in D.C. v. Heller in 2008.” A review of that page’s history on the Internet Archive shows that it has not been updated since at least 2016, if not longer. …

Siding with gun rights groups in a friend-of-the-court brief is a coalition of New York–based public defender groups: Black Attorneys of Legal Aid, the Bronx Defenders, Brooklyn Defender Services, and seven county public defense offices. “For our clients, New York’s licensing regime renders the Second Amendment a legal fiction,” they told the court. “Worse, virtually all our clients whom New York prosecutes for exercising their Second Amendment right are Black or Hispanic. And that is no accident. New York enacted its firearm licensing requirements to criminalize gun ownership by racial and ethnic minorities. That remains the effect of its enforcement by police and prosecutors today.”

— Matt Ford in The Supreme Court’s Next Big Gun Rights Case Has Allies Trading Fire

 

26 COMMENTS

  1. How does an ACLU lawyer count to three? 🤔

    One……………………………. Three.

    Always has been that way, always will be that way.

    • True.
      History has proven this ALWAYS plays out the same. The far left eats their own.
      The useful idiots fight amongst themselves, in a feeble attempt to avoid the “useless” designation by the overlords. Earn that title and the money dries up at best, a bullet in the back of the head beside a mass grave at worst.

      Killing fields of Cambodia anyone? 🤔
      Brainwashed children toting “government issued” AKs can do horrible things.

      Garland has IDed parents who oppose CRT as “domestic terrorists”.
      Oh, so these parents are rounded up by the FBI, and the children become wards of the state? To be sent to “re-education camps”.🤔

      Does this sound familiar to anyone else? Hasn’t this happened before?

      • Stalin’s purges of the late 1930s are my usual reference point.

        The Khmer Rouge would often execute “enemies of the state” using the razor sharp edges of palm fronds because bullets were valuable.

        • Babies were swung by their ankles to smash their skulls on tree trunks.
          Why? Cheaper then a bullet.

        • Exactly, insidious defiance and abrogation of unqualified “SHALL NOT Be Inringed” with carefully ‘improved’ Jim Crow updates has been in full force Since the Super Racist LBJ cartel added voting prohibitions to the permanent prohibition of firearms of an ex-convict even after becoming rehabilitated and freely integrated back into society to begin law-abiding citizenship. This, of course, was to establish a continued new form of Jim Crow segregationism to prevent, like they did back then, large segments of eternally, ILLEGALLY prohibited persons from establishing counter Political Action Committees creating a voting block to oppose these Unconstitutional laws.

          The bigger sleight of hand trick is that even though unqualified Shall Not Be Infringed has long been established by Supreme Court Case Law, they still get away with rights abrogation because they wantonly ignore the direct criminal statute for deprivation of rights. Which is US 18-241-242, and therefore perpetuates ineffective continual court challenges.

          The way the so-called justice system is set up requires a state AG or Federal prosecutor to sign off on a Criminal Deprivation of Rights indictment.

          Since you almost NEVER see this, especially among Law Enforcement agencies and their police –except in the rare high-profile cases politically expedient cases like the George Floyd situation–this speaks for itself as to how corrupted the entire Justice Department and police state associates really are.

      • Considering they’ve been talking about camps of various types (though usually as one off comments) since before the inauguration it’s gonna sound familiar no matter what.

        Honestly, it’s pretty impressive that number of progs that seem to have zero familiarity with Titus Andronicus.

        When the retaliation comes as an 0300 visit that involves deck screws, an impact gun and flammable liquid they’ll probably get the point. At least it would help out the construction industry, rofl.

    • Here we go again…The racist, nazi based Gun Control lays low and gets to decide what to do with the Second Amendment.

      How the ACLU or Jim Crow Gun Control joe sees The Second Amendment is neither here nor there. What matters is History has clearly defined Gun Control as a racist and nazi based agenda. An agenda that by all accounts does not deserve the time of day and needs to be shown the door…Just like its slave shack, noose, cross burning, concentration camp, gas chamber, swastika relatives were shown the door.

  2. Blacks and Hispanics just need to figure out whos palms to grease. Nothing unconstitutional about public officials taking bribes now is there?

  3. The purpose of the ACLU is to destroy free-market capitalism and replace it with communism, or some form of it.
    Read what the founders (of ACLU) wrote about it.

  4. Ever since the democrat/communists rose to power in the ACLU their agenda has been the destruction of the Bill of Rights.

  5. The result is two starkly different visions:
    One based on the twisted reasoning of the power hungry Left.
    The other based on thoughtful misinterpretation of the Constitution of the power hungry Left.

  6. In the name of “equity”, why doesn’t NYC just make a license exemption for “people of color”?

    Special-class citizen exemptions could also be made for almost anything else that the “Man” uses to keep the poor, disenfranchised, victimized… down

  7. Another Communist Lackey Union
    Attacking Constitutional Liberty Underworld
    Aggravating Commie Leftist Underlings

  8. It would really help the country if the Liberals supported civil rights. I know they support butt sex and shooting up crystal meth to improve their sexual experience. But those are not civil rights. Owning and walking around with a machine gun is a civil right.
    At least some of these anti civil rights democrats are starting to understand this. Perhaps more will support this as well.

  9. For seven decades, the Supreme Court’s 1939 decision in United States v. Miller was widely understood to have endorsed that view,

    A position that has never merited anything more than a belly laugh. It only ever had any traction because of the partisan echo chamber that is legal academia.

    • Truthfully, Miller does support a collective rights view of the second amendment. On the other hand it also supports an individual rights interpretation of the second amendment. Ultimately, however, the issue was not before the ciurt and its commentary is nothing but dicta.

  10. Good for the liberal interest groups ! They recognize the Second Amendment protects the First.

  11. “….New York enacted its firearm licensing requirements to criminalize gun ownership by racial and ethnic minorities. That remains the effect of its enforcement by police and prosecutors today.”

    Sadly, those affected most by these racial oriented laws and practices are the very same Useful Idiots that voted for those enacting and enforcing those laws. Stupid is as stupid does. Can’t cure stupid. And, they continue to breed and imprint their offspring in the same stupid, government dependent thought processes. They are their own worst enemy…actually racist in and of themselves. Rolling eyes; shaking head, would be LMOA were it not so sad.

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