The plaintiffs, New York City gun owners, already have the changes they wanted. The Supreme Court will be hearing arguments on Monday anyway. That has gun control advocates worried and gun rights groups hopeful.
FILE - In this Oct. 10, 2017, file photo, the Supreme Court in Washington, at sunset. The Supreme Court is turning to gun rights for the first time in nearly a decade, even though New York City gun owners already have won changes to a regulation they challenged in court.
For years, the National Rifle Association and its allies had tried to get the court to say more about gun rights, even as mass shootings may have caused the justices to shy away from taking on new disputes over gun limits. Justice Clarence Thomas has been among members of the court who have complained that lower courts are treating the Second Amendment’s right to “keep and bear arms” as a second-class right.
“There is no case or controversy because New York City has repealed the ordinance and the New York state Legislature has acted to make sure it remains repealed,” said Jonathan Lowy, chief counsel and vice president of the gun control group Brady’s legal action project. In the event the court reaches the substance of the law, the city does contend that what it calls its “former rule” did not violate the Constitution. But that would seem to be a tough sell given the court’s makeup, with Gorsuch and, in particular, Kavanaugh on the court.
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