NY State Rifle and Pistol Association lawsuit against NY SAFE Act ends with death of Scalia

NYSRPA will not be taking our loss in the 2nd Circuit that said that the NY SAFE Act was Constitutional to the SCOTUS.  Scalia was one of our staunchest supporters and his death and the lack of his vote puts winning our case in such doubt and loosing would be so cataclysmic that it is just not worth the risk.  The saying for lawyers interrogating a witness is ‘don’t ask a question you don’t already know the answer to’ is true and you don’t bring a case unless you have a good likely hood of winning.  With four Justices who want to overturn the Heller decision and my belief that Kennedy was/is such a weak supporter of the Heller, now is not the time to put everything at risk.  Other cases are pending and working their way through the courts so all is not lost but only delayed.  The Maryland case is the best because it was sent back to the lower courts for new arguments with the requirement that the decision will have to be reviewed using strict scrutiny.  What ever the decision is, it will be appealed again so that should take at least two years and then it would have a chance to go to SCOTUS and by that time, we can only hope, one if not two people of the statue and beliefs of Scalia will be appointed to the court.


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