janmarcustrapp / Pixabay The Supreme Court’s decision in New York State Rifle & Pistol Association has supercharged the legal debates over gun control laws since it was handed down about a month ago, with blue states rushing to adopt new restrictions on the right to keep and bear arms and Second Amendment organizations racing to file suit to stop the infringements from taking effect.
But the decision also impacted virtually every case already in the court system before the Bruen decision was handed down, with the Supreme Court vacated four cases that it had been holding in conference and ordering lower courts to re-hear the challenges with an eye towards the Court’s “text, history, and tradition” test instead of the two-step, tiered scrutiny test adopted by most courts after the Heller decision.
Now the Second Circuit Court of Appeals has vacated a case of its own, sending it back to a U.S. District judge in New York for a new hearing based on the Supreme Court’s guidance. The case, known as Taveras v. New York City , takes issue with the city’s own subjective licensing standards, which in this case, prevented Alan Taveras from obtaining a premises license “allowing” him to keep a rifle or shotgun in his home for self-defense . In approximately 2018, Alan Taveras applied for a license to possess a rifle or shotgun for self-protection at his residence in the Bronx, New York. Licensing officers within the New York City Police Department denied Taveras’s application, citing his August 2011 arrest for domestic violence, a corresponding order of protection against him, and a November 2011 domestic violence complaint against him by the same victim. The order of protection expired in February 2012, and the criminal charges were ultimately dropped. We don’t know all of the details of what […]
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