by Fred Sisto | Nov 15, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued: III A How does the Court justify striking down New York’s law without first considering how it actually works on the ground and what purposes it serves? The Court does so by purporting to rely nearly exclusively on history. It requires “the...
by Fred Sisto | Nov 13, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: In particular, studies have shown that “may issue” licensing regimes, like New York’s, are associated with lower homicide rates and lower violent crime rates than “shall issue” licensing regimes. For example, one study compared homicide rates...
by Fred Sisto | Nov 11, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued: These numbers reflect in part the fact that these “may issue” jurisdictions contain some of the country’s densest and most populous urban areas, e.g., New York City, Los Angeles, San Francisco, the District of Columbia, Honolulu, and Boston. U....
by Fred Sisto | Nov 9, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Breyer continued: Thus, it has only been in the last few decades that States have shifted toward “shall issue” licensing laws. Prior to that, most States operated “may issue” licensing regimes without legal or practical problem. Moreover, even considering, as...
by Fred Sisto | Nov 7, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued: For instance, the Court recognizes in a footnote that three States (Connecticut, Delaware, and Rhode Island) have statutes with discretionary criteria, like so-called “may issue” regimes do. Ante, at 5, n. 1. But the Court nonetheless counts...