Supreme Court strikes down New York gun law restricting concealed carry in major Second Amendment case

In his majority opinion, Thomas wrote that New York’s law violated the Constitution’s Fourteenth Amendment, which says citizens have a right to equal protection under the law,cause it “prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms” as protected by the Second Amendment.

The ruling comes weeks after mass shootings at a Buffalo, New York, grocery store, and another in a Uvalde, Texas, elementary school reignited a national debate about U.S. gun laws.

Democratic elected officials quickly condemned Thursday’s decision, which they said will imperil public safety.

President Joe Biden said he was “deeply disappointed” in the ruling, which he argued, “contradicts both common sense and the Constitution, and should deeply trouble us all.”

Citing the “horrific attacks in Buffalo and Uvalde,” Biden urged states to pass “commonsense” gun regulation “to make their citizens and communities safer from gun violence.”

New York Gov. Kathy Hochul said, “This decision isn’t just reckless, it’s reprehensible.”

Hochul said that because “the federal government will not have sweeping laws to protect us … our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on — the insanity of the gun culture that has possessed everyone all the way up to the Supreme Court.”

The case was brought by the New York State Rifle Pistol Association and two of its members, Robert Nash and Brandon Koch, whose applications for concealed-carry handgun licenses for self-defense purposes were rejected.

New York Supreme Court Justice Richard McNally, who handled both license requests, ruled that neither man had shown proper cause to carry guns in public because they failed to demonstrate that they had a special need for self-protection.

The plaintiffs then challenged that denial in a federal court in New York, arguing that the state law governing concealed-carry licenses, which permits them only when “proper cause exists for the issuance thereof,” violates the U.S. Constitution’s Second Amendment. The law also required applicants to have “good moral character.”

After a federal judge in New York dismissed the case, the U.S. 2nd Circuit Court of Appeals affirmed that judgment. The U.S. Supreme Court then took the case.

Thomas, in his majority opinion, wrote that New York’s proper-cause requirement, as it has been interpreted by state courts, was inconsistent with the “Nation’s history of firearm regulation.”

“A State may not prevent law-abiding citizens from publicly carrying handguns because they have not demonstrated a special need for self-defense,” Thomas wrote.

But Breyer, in his dissent, wrote, “Only by ignoring an abundance of historical evidence supporting regulations restricting the public carriage of firearms can the Court conclude that New York’s law is not ‘consistent with the Nation’s historical tradition of firearm regulation.”

Breyer also wrote,”Many States have tried to address some of the dangers of gun violence just described by passing laws that limit, in various ways, who may purchase, carry, or use firearms of different kinds.”

“The Court today severely burdens States’ efforts to do so.”

Article source: https://www.cnbc.com/2022/06/23/supreme-court-strikes-down-new-york-gun-law-restricting-concealed-carry.html