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BREAKING: NY Governor Furious Supreme Court Strikes down Concealed Carry Restriction

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Breaking Thursday, the Supreme Court ruled that New York’s “proper-cause” requirement to obtain a concealed-carry license is unconstitutional as it violates ordinary citizens’ Second Amendment rights.

The Associated Press reports:

The court’s decision struck down a New York law requiring people to demonstrate a particular need for carrying a gun in order to get a license to carry one in public. The justices said that requirement violates the Second Amendment right to “keep and bear arms.”

Justice Clarence Thomas wrote for the majority that the Constitution protects “an individual’s right to carry a handgun for self-defense outside the home.” That right is not a “second-class right,” Thomas wrote. “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.”

National Review reports, “The Court voted 6–3 to strike down the New York law, which has been in place since 1913 and required that people show a special need to obtain a license to carry a concealed handgun outside the home.” The Court’s three liberal justices dissented.

The Justices not only wrote opinions, but also addressed the opposing opinions. Justice Stephen Breyer wrote a dissent accusing the majority opinion of deciding the case “without discussing the nature or severity” of gun violence. Justice Samuel Alito responded to Breyer’s concern in his concurring opinion:

“Why, for example, does the dissent think it is relevant to recount the mass shootings that have occurred in recent years?” Alito wrote, arguing that the New York law did not stop the 18-year-old shooter who killed ten people in a grocery store in Buffalo, N.Y., last month.

The case comes after plaintiffs Robert Nash and Brandon Koch of upstate New York were denied carry permits in 2016 and 2018 because they did not “face any special or unique danger” to their lives.

They were authorized to carry guns for target practice and hunting away from populated areas and Koch was permitted to carry a gun to and from work.

“Nash and Koch did not receive unrestricted licenses because neither demonstrated a nonspeculative need to carry a handgun virtually anywhere in public,” Barbara D. Underwood, New York’s solicitor general, wrote in a brief.

Nash and Koch successfully argued that having to demonstrate a need for self-protection to acquire a concealed-carry permit was unconstitutional.

Justice Clarence Thomas wrote in the majority opinion in New York State Rifle & Pistol Association v. Bruen that the Second Amendment protects the right of individuals to carry a gun outside the home, adding that the state’s “proper cause” requirement “violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.”

Justice Brett Kavanaugh wrote in a concurring opinion, joined by Chief Justice John Roberts, that the ruling “does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense.”

“In particular the Court’s decision does not affect the existing licensing regimes — known as ‘shall-issue’ regimes — that are employed in 43 states,” he wrote, adding that states with proper-cause requirements “may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall-issue States.”

 

 

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BREAKING: Disney drops suit challenging special district status in settlement with Florida, DeSantis

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A settlement was reached Wednesday in the two-year lawsuit over who controls the special governing district that encompasses the Walt Disney World Resort, which includes Disney dropping its lawsuitsagainst a newly created tourism board.

“We are glad that Disney has dropped its lawsuits against the new Central Florida Tourism Oversight District and conceded that their last-minute development agreements are null, void, and unenforceable,” Bryan Griffin, DeSantis’ communications director, said in a statement. “No corporation should be its own government. Moving forward, we stand ready to work with Disney and the District to help promote economic growth, family-friendly tourism, and accountable government in Central Florida.”

Fox News explains the dispute began “after Disney’s criticism of Florida’s Parental Rights in Education Act – derided by critics as the so-called “Don’t Say Gay” bill – prompted the DeSantis administration to revoke the special Disney-controlled tax district that gave the entertainment autonomy over its theme parks in the region.”

“No corporation should be its own government,” Bryan Griffin, a spokesman for the governor, said in an emailed statement. “Moving forward, we stand ready to work with Disney and the District to help promote economic growth, family-friendly tourism, and accountable government in Central Florida.”

Misleadingly deemed the “Don’t Say Gay” bill, prohibited the teaching of sexual orientation and gender identity to young students in the state. National Review reports:

After receiving pressure from employees, Disney’s then-CEO, Bob Chapek, said that the company’s leaders had been opposed to the bill “from the outset,” and Disney declared that the legislation “should never have passed and should never have been signed into law.”

In February 2023, DeSantis signed House Bill 9B, which established the Central Florida Tourism Oversight District to replace Disney’s Reedy Creek Improvement District. Reedy Creek was a 56-year-old special taxing district that allowed Disney control its own development, regulations, building codes, and other municipal services.

Lawmakers voted to give the governor the power to appoint the district’s board members.

However, before a DeSantis-appointed board took over last March, the Disney-controlled board handed control of the district’s development over to Disney…

As part of the settlement, Disney acknowledges that the development agreement approved by the outgoing Reedy Creek board has “no legal effect or enforceability.”

As for the media reports that DeSantis had been humiliated and out-maneuvered by Disney, Griffin said that “as usual, the media were wrong.”

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