Supreme Court Authority Over Second Amendment Decision Being Questioned!!!

Published on November 6, 2022
Duration: 9:36

This video discusses the Supreme Court case Baldia v. City of New York, which challenges New York's old 'proper cause' standard for concealed carry permits. The case originated from a permit denial for an individual who later became a police officer. The speaker, Anthony Miranda, a California attorney specializing in Second Amendment rights, explains how this case is a carryover from the pre-Bruin decision era and how the new Concealed Carry Improvement Act (CCIA) might affect its review. The New York Licensing Division argues the case is moot due to the new laws and that the Law Enforcement Officers Safety Act (LEOSA) was not properly raised.

Quick Summary

The Baldia v. City of New York case is before the Supreme Court challenging New York's former 'proper cause' standard for concealed carry permits. The New York Licensing Division argues the case is moot due to the new CCIA law and that LEOSA arguments were not properly raised, potentially leading the Supreme Court to deny review.

Chapters

  1. 00:00NY Concealed Carry Case at Supreme Court
  2. 01:03Baldia v. City of New York Case Overview
  3. 01:33Bruin Decision and NY's Response
  4. 02:38The Concealed Carry Improvement Act (CCIA)
  5. 02:43Baldia Case as a Carryover from Old Scheme
  6. 03:00Details of Baldia's Permit Denial
  7. 04:25Baldia's Question for the Supreme Court
  8. 04:51LEOSA Act and Baldia's Argument
  9. 05:44NY Licensing Division's Response
  10. 06:41Impact of New CCIA Laws
  11. 07:15Potential Outcomes for the Baldia Case
  12. 08:55Monitoring the Baldia Case

Frequently Asked Questions

What is the Baldia v. City of New York Supreme Court case about?

The Baldia case challenges New York's former 'proper cause' standard for concealed carry permits, which was invalidated by the Bruin decision. It involves an individual denied a permit renewal who later became a police officer, raising questions about LEOSA and the applicability of old laws under new legislation like the CCIA.

Why is the New York Licensing Division arguing the Baldia case is moot?

The Licensing Division argues the case is moot because New York's new Concealed Carry Improvement Act (CCIA) replaced the old 'proper cause' standard with a new application process. They also state that individuals denied under the old scheme could reapply under the new law without extra fees.

What is the role of the Law Enforcement Officers Safety Act (LEOSA) in the Baldia case?

Baldia argues his denial is improper under LEOSA, as he is a qualified police officer. However, the Licensing Division claims LEOSA was not properly raised in his initial filings and only emerged during appeals, suggesting it's an untimely argument.

What are the potential outcomes for the Baldia case at the Supreme Court?

The Supreme Court could deny certiorari, meaning they won't hear the case. Alternatively, they could grant, vacate, and remand (GVR) the case in light of Bruin, though the speaker notes this is less likely given the case's focus on LEOSA and procedural issues rather than a pure Second Amendment challenge.

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