As predictedThe Supreme Court today issued an important opinion in favor of the rights of the Second Amendment New York State Rifle & Pistol Association, Inc. v. Bruen. In what probably proves one of the most important decisions in his brilliant career as a conservative lawyer, Judge Clarence Thomas wrote a 6-3 majority opinion that would shed more light on this and future challenges under the Second Amendment. bring on.
In 2008, the Supreme Court recognized the right to bear arms as an individual right District of Columbia v. Heller. Two years after Heller, in McDonald vs. City ChicagoThe court ruled that this right applies to states.
This case relates to the restrictions of covert shipping under New York Penal Code § 400.00 (2) (f) Which requires showing a “proper cause”. The lower courts upheld the New York law, but there were many constitutional concerns about its vague standard, such as showing that you “have a good moral character.” New York wanted to exercise caution in deciding who should carry a firearm in public, while gun owners believe that the default law ignores the Constitution in favor of such a right.
Thomas rejected the two-part analysis used by the lower courts, arguing that this assumption should be in favor of the individual’s right to have a handgun in public, as well as other rights enshrined in the Charter of Rights. “According to Heller and MacDonald, the Second and Fourteenth Amendments protect the right of individuals to bear arms for self-defense outside the home,” the court said. Accordingly, “Since New York State issues public transportation permits only when the applicant demonstrates a special need to defend itself, we conclude that the state’s licensing regime violates the Constitution.”
“Shockingly, it ‘s absolutely shocking that they have taken away our right to reasonable restrictions,” said New York Governor Katie Hochol immediately. At Claude Ryan Moment Separately, it was shocking to be shocked. Many of us had been anticipating major losses for more than a year, and New York, as usual, filed a bad case and enacted a worse law for gun control advocates.
“This is New York,” Governor Hutchul added. “We will not retreat.” Given the history of cases like this in strengthening the rights of the Second Amendment, it may be good news for gun rights advocates. As previously discussedNew York has proven that there are many ways to strengthen gun rights.
Here is the comment: https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf