20191202

SCOTUS transcript is up

Transcript of SCOTUS hearing on NYS Rifle and Pistol Association versus New Yawk is at Dave Hardy's place.  

One observation of my own:  New York seems OK with the prospect that 'continuous and direct' will be shaped by litigation---premises licensees being prosecuted and spending money defending themselves---rather than clear definitions beforehand that licensees can read, understand, obtain advice of counsel, and train to each other.  How, and where in the court hierarchy, does Petitioner lodge that complaint?  

Is there not a Constitutional principle that people can know what conduct is lawful before engaging in it?  If one accepts that certain conduct requires a license, that license should include that sort of clarity.  Those who argue that firearms should be licensed like automobiles owe it to explain just what time, place, and manner restrictions that license will prohibit. 

Also:  Petitioners' Counsel missed an opportunity to distinguish premises licenses from carry licenses, though I'm not sure it would have helped Petitioners' case.  "We're not talking about the right of Petitioners to carry on person with a round in the chamber (yet), just the right to transport lawfully-owned property from one lawful place to another lawful place."