Supreme Court Takes Major Gun Rights Case: Gun Talk Radio | 12.1.19 A

Published on December 3, 2019
Duration: 44:11

This episode of Gun Talk Radio discusses the upcoming Supreme Court case, New York State Rifle and Pistol Association v. City of New York, which is the first Second Amendment case the court has taken in nearly a decade. Host Tom Gresham, broadcasting from Washington D.C., explains the potential impact of the case, particularly regarding the level of scrutiny applied to Second Amendment challenges. He details the history of the case, the arguments surrounding mootness, and the potential outcomes, including the possibility of strict scrutiny being applied, which could invalidate numerous gun control laws.

Quick Summary

The Supreme Court case NYSRPA v. City of New York is the first Second Amendment case heard in a decade and could establish strict scrutiny for gun control laws. This means the government would need a compelling interest and the least restrictive means to justify firearm restrictions, potentially invalidating many current laws.

Chapters

  1. 00:00Introduction & Crimson Trace Ad
  2. 00:18Show Intro: Shotgun Guide, Mossberg History, Holiday Wishlist
  3. 00:44Tom Gresham's Welcome & DC Location
  4. 01:14Major Supreme Court Case Announcement
  5. 01:26Potential Blockbuster Case: Heller Comparison
  6. 01:37First Second Amendment Case in a Decade
  7. 01:54Supreme Court Makeup Change: Gorsuch & Kavanaugh
  8. 02:15Justice Thomas's Dissent on Second Amendment Rights
  9. 02:54Lower Courts Ignoring Supreme Court Rulings
  10. 03:43Potential Outcomes: Mootness vs. Strict Scrutiny
  11. 04:11Strict Scrutiny Explained and Its Impact
  12. 05:04Host's Presence in DC for the Case
  13. 05:14Supreme Court Argument Experience
  14. 05:47Listener Call-in: Range Reports & Wishlists
  15. 06:33Mossberg MC1sc Pistol Ad
  16. 07:08Alan Gottlieb: Bill of Rights vs. Bill of Needs
  17. 08:06Ducks Unlimited Ad
  18. 08:18Guns for Sale: Jerry's Guns Ad
  19. 09:15New Orleans Shooting News Report
  20. 10:08Safety Advice: Avoiding Dangerous Situations
  21. 11:10Listener Call: Justin from Arnold, MO - Hunting Rifle Needs
  22. 12:10Justin's Experience with .44 Magnum vs. Deer
  23. 12:48Justin's Range: 250-300 Yards, Recoil Sensitivity
  24. 13:266.5 Creedmoor Experience: Tikka T3x & Hornady Ammo
  25. 13:56Budget Rifle Options: Savage Axis vs. Ruger American
  26. 14:41Scope Budget Recommendation
  27. 14:54Ruger American Accuracy & Savage Axis Trigger
  28. 15:406.5 Creedmoor Ammunition Availability & Recoil
  29. 16:23Choosing Between Savage Axis and Ruger American
  30. 16:35Scope Magnification Discussion
  31. 17:55Justin's Scope Choice Justification
  32. 18:17Listener Call: Glen from Washington State - Arthritis Relief
  33. 19:14Vitamin Supplement Recommendation: Myfinum (B-Vitamin)
  34. 20:04Glen's Experience with Myfinum for Joint Pain
  35. 20:32Addressing Physical Issues vs. Redesigning Guns
  36. 21:31Importance of Addressing Physical Limitations
  37. 22:11Supreme Court Case Recap & Potential Impact
  38. 22:39Listener Message: Mission to Host Truthful Show
  39. 23:00Open Lines & Call-in Information
  40. 23:15Facebook Conversation: Progressive Parents & Gun Facts
  41. 24:00Reaction to Facts: Attacking the Messenger
  42. 25:24Listener Call: Jim from Nebraska - .40 S&W Availability
  43. 26:04Sig Sauer Legion & .40 S&W Availability
  44. 26:31Reasons for .40 S&W Decline: Ammo Cost & Effectiveness
  45. 27:05History of .40 S&W: FBI & Miami Shootout
  46. 27:31.40 S&W as a Compromise Cartridge
  47. 28:37Advice: Stick with 9mm for Availability and Cost
  48. 28:54Supreme Court Case Preview: NYSRPA v. NYC
  49. 30:01Springfield Armory Concealed Carry DVDs Ad
  50. 30:30Shotgun.com Ad
  51. 30:42US Sportsmen's Alliance Ad
  52. 31:17Supreme Court Taking Second Amendment Case
  53. 31:24Case Details: NYSRPA v. City of New York
  54. 31:54The Crux of the Case: NYC Firearm Transport Law
  55. 32:33New York's Argument for Restrictions
  56. 32:58Legal Challenge and Appeal to Supreme Court
  57. 33:06New York Repeals Law Amidst Supreme Court Review
  58. 33:31New York State Passes Law Preventing Similar Restrictions
  59. 34:12New York's Argument: Case is Moot
  60. 34:34NYSRPA's Request to Address Mootness and Unconstitutionality
  61. 34:38Positive Aspect: Paul Clement Arguing the Case
  62. 35:17Potential Outcomes: Mootness vs. Addressing Arguments
  63. 35:54Levels of Scrutiny in Constitutional Cases
  64. 36:06Strict Scrutiny, Intermediate Scrutiny, Rational Basis Explained
  65. 36:56Impact of Strict Scrutiny on Gun Control Laws
  66. 37:39Heller Decision: Banning Entire Classes of Guns
  67. 38:17Potential Impact on Assault Weapon Bans & Magazine Capacity
  68. 38:24Host's Plan for Supreme Court Coverage
  69. 38:35Call to Action: Attend Protests
  70. 38:40Livestream Plans from DC
  71. 39:16Open Lines & Show Outro
  72. 39:32Brownells.com Ad
  73. 39:35Gun Talk Giveaway Details
  74. 40:01Listener Call: Jeff from Durango, CO - Goose Gun Discussion
  75. 40:09Jeff's Goose Gun Description
  76. 40:46Advice: Inexpensive Pump Shotgun with Rifled Barrel
  77. 41:49Vitamins Info Recap & Disclaimer
  78. 42:31Disclaimer: Do Not Take Medical Advice from Gun Talk
  79. 43:29Christmas Shopping & Becoming a Firearms Instructor
  80. 44:01Upcoming Segment: Better Wing Shooting

Frequently Asked Questions

What is the significance of the Supreme Court case NYSRPA v. City of New York?

This case is highly significant as it's the first Second Amendment case the Supreme Court has taken in approximately ten years. It could redefine the legal standards for gun control laws by potentially establishing strict scrutiny for Second Amendment challenges, impacting numerous existing regulations nationwide.

What are the different levels of legal scrutiny applied to constitutional cases?

The main levels are strict scrutiny (highest burden on government), intermediate scrutiny (moderate burden), and rational basis (lowest burden). The Supreme Court's decision could mandate strict scrutiny for Second Amendment cases, requiring a compelling government interest and narrowly tailored laws to restrict rights.

Why is the .40 S&W cartridge declining in popularity?

The .40 S&W is declining due to several factors: 9mm ammunition is significantly cheaper and more readily available, and modern defensive ammunition has largely closed the effectiveness gap between 9mm and .40 S&W. The .40 S&W was originally developed as a compromise cartridge between 9mm and 10mm.

What advice is given for choosing a budget hunting rifle for distances up to 300 yards?

For budget-friendly hunting rifles effective up to 300 yards, the Savage Axis and Ruger American are recommended. Both are typically in the $400 range, but factor in an additional $200-$300 for a quality scope. The 6.5 Creedmoor caliber is suggested for its manageable recoil and effectiveness at these distances.

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