Business Day

New York gun owners hope to win in top court

City officials want to avoid a supreme court ruling that could threaten other gun regulation­s nationwide

- Greg Stohr Washington

Gun rights advocates backed by US President Donald Trump hope that a US supreme court clash over New York City restrictio­ns on transporti­ng firearms will be the second amendment victory they’ve been seeking for a decade.

With a conservati­ve majority strengthen­ed by two Trump appointees, the court will hear a case on Monday that could produce its first ruling bolstering gun rights since 2010.

The decision will probably come in June, in the heat of the presidenti­al campaign.

Three New York City residents say the rules forced them to stop attending shooting competitio­ns and taking licensed handguns to a second home.

There is just one problem: the restrictio­ns no longer exist.

Faced with a showdown before what will probably be a sceptical court, the city and state have scrapped the strict rules on transporti­ng handguns and asked the justices to toss out the case without issuing a ruling.

City officials are seeking to head off an opinion that could threaten other gun regulation­s nationwide.

“Any time liberals keep a case out of the supreme court, it’ sa cause for a sigh of relief for them,” said Adam Winkler, a professor at UCLA Law School who wrote a book on the fight over the second amendment in the US constituti­on. “The court is not on their side.”

The New York State Rifle & Pistol Associatio­n, an affiliate of the National Rifle Associatio­n (NRA), is joining the three men in pressing the appeal. New York’s supporters include Everytown for Gun Safety, an advocacy group founded by Michael Bloomberg, who is the founder and majority owner of Bloomberg, the parent company of Bloomberg News.

Bloomberg, who is seeking the Democratic nomination for president, was mayor of New York from 2002 to 2013.

SHOOTING RANGES

Under the New York City rules, put in place in 2001, people with a licensed handgun at home were allowed to take it to one of seven shooting ranges in the city but almost nowhere else. Weapons had to be locked and unloaded during travel, and ammunition had to be put in a separate container.

Trump’s top supreme court lawyer, solicitor-general Noel Francisco, said in court papers that the restrictio­ns undermined the constituti­onal right to have a handgun in a house or apartment for self-protection.

“Few laws in the history of our nation, or even in contempora­ry times, have come close to such a sweeping prohibitio­n on the transporta­tion of arms,” Francisco argued.

The three gun owners say that they sued after the organisers of a 2012 New Jersey shooting competitio­n said New Yorkers could not take part because they couldn’t legally bring their handguns. The residents say that competitio­ns give them a chance to improve their shooting proficienc­y.

One of the three, Staten Island resident Romolo Colantone, also says he has had to stop taking his handgun to his second home in Hancock, New York, in the Catskill Mountains region.

“The Colantone Hancock house is located in a remote area, and as such presents a threat to the safety of myself and my family while there,” Colantone said in a sworn statement in 2013.

The city contends that the residents have adequate opportunit­ies to train within New York City. The gun owners “did not argue, let alone offer any evidence, that the rule meaningful­ly impaired their ability to train”,

New York City Corporatio­n counsel Zachary Carter argued. City officials also say Colantone can apply for a licence to keep a handgun in his Catskills home.

A federal appeals court upheld the restrictio­ns, saying New Yorkers could go to local shooting ranges, use rented weapons at out-of-town facilities and acquire additional weapons for second homes.

RULES SCRAPPED

But the city’s best chance may be that the supreme court will conclude the case has become moot. After the justices accepted the case in January, the city amended its regulation­s to let licensed handgun owners transport their weapons to second homes and shooting ranges outside the city’s five boroughs. The state reinforced that change by amending its handgun licensing statute.

“Once the supreme court took the case, those who favour gun control did not want the supreme court to rule,” said Ilya Shapiro, a lawyer at the libertaria­n Cato Institute who filed a brief backing the gun owners.

The city told the court that the residents now have “everything they have sought in this lawsuit”.

Gun rights advocates say that even the revised regulation­s are problemati­c, forbidding a handgun owner from stopping on the way out of town, requiring written permission to take a weapon to a gunsmith and precluding transport to a summer rental house. The residents urged the supreme court not to reward New York’s “undisguise­d effort to avoid a precedent-setting loss”.

The mootness fight has taken on political dimensions. In August, Democratic Senator Sheldon Whitehouse of Rhode Island and four colleagues filed an unusually pointed brief that said the court would be underminin­g its own legitimacy if it ruled in the case.

The Democrats’ brief pointed to the millions of dollars spent by outside groups on recent supreme court battles. Trump’s two appointees, Neil Gorsuch and Brett Kavanaugh, were confirmed in the Senate on nearly party-line votes. “To stem the growing public belief that its decisions are motivated mainly by politics, the court should decline invitation­s like this to engage in ‘projects’,” the Democrats argued, highlighti­ng a word the challenger­s used in one of their court filings.

Whitehouse’s brief provoked an equally sharp response from Senate majority leader Mitch McConnell of Kentucky and his Republican colleagues. They told the justices to “stand firm” and “not be cowed by the threats of opportunis­tic politician­s”.

Trump has had strong support from gun owners and the NRA since his 2016 campaign. He has occasional­ly stated support for expanded background checks particular­ly when mass shootings lead to a public outcry but later backed off, expressing doubt that they would be effective in curbing gun violence.

DISMISSAL REFUSED

The administra­tion is urging the supreme court to decide the case, telling the justices the dispute is still meaningful because residents could seek damages.

The court has hinted it may want to rule. In October, the justices refused to dismiss the case as moot but said they would revisit the issue at the argument.

The court has not heard a second amendment case since it threw out a Chicago handgun ban in 2010. That followed a 2008 decision that for the first time said the constituti­on protects individual gun rights.

Since then, the court repeatedly rejected gun rights appeals before agreeing to take up the New York fight.

Should the court dismiss the New York case, other appeals are pending, and the justices could quickly schedule one of them for the nine-month term that starts in October 2020.

“If they do decide that it’s moot, they’ll have further opportunit­ies,” Shapiro said.

“It’s not the end of the world for proponents of the second amendment if, indeed, the case is mooted out.”

One of those appeals is a New Jersey case that could determine whether people have a constituti­onal right to carry a loaded handgun in public. New Jersey is one of seven states, including California and New York, that bar most people from carrying weapons in public. Federal appeals courts are divided on the issue.

Said Winkler, “It’s only a matter of time before the supreme court steps in and addresses the scope of the second amendment.”

THE COURT HAS NOT HEARD A SECOND AMENDMENT CASE SINCE IT THREW OUT A CHICAGO HANDGUN BAN IN 2010

 ?? /Reuters ?? Open carry:
Militia members and gun rights activists participat­e in the Declaratio­n of Restoratio­n rally. The protesters marched to Washington, DC from Arlington, Virginia on November 9.
/Reuters Open carry: Militia members and gun rights activists participat­e in the Declaratio­n of Restoratio­n rally. The protesters marched to Washington, DC from Arlington, Virginia on November 9.

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