The New York Times editorial board is asking the Supreme Court of the United States (SCOTUS) to toss out a challenge against New York City gun control rather than rule against the controls at the center of the challenge.

Breitbart News reported that SCOTUS was hearing a challenge to the NYC gun control on Monday, December 1, 2019. The gun control prohibited licensed firearm owners from transporting their firearms to all but seven city-approved gun ranges.

On December 2, 2019, the NYT editorial board begged SCOTUS to discard the case, pointing to the fact that NYC repealed their gun control when it became evident that SCOTUS would take the case. The editorial board contends “sanity and common sense” now compel the dismissal of the case altogether.

At the same time, they argue that the DC. v. Heller (2008) decision allowed room for municipal gun controls. They say, “Lower courts have read the Heller opinion as permitting all manner of gun-control measures, including bans on assault rifles and high-capacity magazines.”

The editorial board’s argument ignores the McDonald v. Chicago (2010) decision, which struck down a city-wide gun ban on the basis that Second Amendment rights are incorporated. Such incorporation prohibits city and state governments from infringing on gun rights just as it prohibits the federal government from infringing as well.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com. Sign up to get Down Range at breitbart.com/downrange.