New York State Rifle & Pistol Association Inc. (NYSRPA) v City of New York is the case gun-rights advocates have been waiting for since 2008
STRONGER GUN-CONTROL laws are a priority for the 2020 Democratic presidential candidates. All favour universal background checks and a renewal of the ban on assault weapons, which expired in 2004. Several contenders support compulsory federal licences for gun-owners and buy-back programmes, whether voluntary or mandatory. But any new laws aimed at alleviating what Joe Biden calls the “public-health epidemic” of gun violence would face a reckoning in America’s federal courts.
There are other problems with New York’s erstwhile rule, the plaintiffs say: it was precluded by the constitution's Commerce Clause, which prohibits state and local governments from discriminating against businesses from other states. By limiting its residents to a handful of in-city ranges, and preventing non-residents from gaining access to them, NYSRPA writes, the city promoted “a degree of economic balkanisation that violates the Commerce Clause and related constitutional guarantees”.
Even so, New York prevailed at both the district court and the Second Circuit Court of Appeals, which found that since there is “at least one” shooting range in each of the city’s five boroughs—and “these facilities are quite substantial”—the rule imposed no genuine burden on gun-toting New Yorkers. Why did New York retreat after two consecutive wins in federal courts? Eyeing the recently bolstered conservative majority on the Supreme Court, the city did not fancy its chances of a third victory—and worried that poking the hornet’s nest could inspire a reaction foreclosing more meaningful forms of gun control.
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