New York Gun Restrictions Are Overturned by the U.S. Supreme Court

June 23, 2022. The U.S. Supreme Court ruled that a New York state law made it very difficult for law-abiding gun owners and their carry permits to be obtained. This is the first major Second Amendment decision in a decade. The case is New York State Rifle & Pistol Association v. Bruen et. al. Click HERE to view the decision (135-page PDF). The case was decided 6-3 by justices Breyer and Kagan. Justice Sotomayor dissent. We don’t know of any other constitutional right an individual can exercise unless they demonstrate a special need to the government. This is not how the First Amendment operates when it comes unpopular speech or free exercise of religion. It’s not how the Sixth Amendment operates when it comes to the defendant’s right of confronting the witnesses against him. It is also not how the Second Amendment works when it concerns public carry for self defense.
New York’s proper cause requirement is a violation of the Fourteenth Amendment. It prevents law-abiding citizens who have ordinary self-defense needs from exercising the right to keep and carry arms. We reverse the Court of Appeals’ decision and remand this case for further proceedings in accordance with this opinion. Justice Alito criticized comments made by the dissenting justices in a concurring opinion and stated that the Second Amendment protects law-abiding citizens’ right to carry a gun out of their home for self-defense. The Sullivan Law, which makes this virtually impossible for most New Yorkers is unconstitutional. The Hill reports that the decision to invalidate New York’s law puts into question the legality and permissibility of concealed carry permits in more than half a dozen other states.
The New York law in question required concealed carry permit applicants with a need for a license to show a special reason. This was beyond a basic desire to defend themselves. The court’s conservatives struck down the law and ruled that the so called ‘proper cause requirement’ prevented law-abiding citizens with normal self-defense needs from exercising the right to keep or bear arms.
The ruling was split along ideological lines with six of the court’s conservatives joining Justice Clarence Thomas’ majority opinion. “Similar Posts”:Tags:Carry Permit, Justice Thomas and Justics Alito.