Supreme Court to Hear Case on Carrying Guns in Public

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BackInTex
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Supreme Court to Hear Case on Carrying Guns in Public

#1 Post by BackInTex » Mon Apr 26, 2021 1:55 pm

I heard about this on a local talk show this morning. The host, a fairly knowledgeable and very conservative person, made the following comments about the Court issuing a Writ of Certiorari.

I'm putting it in quotes, but I likely have mistranscribed a couple terms here and there from the podcast, and I have edited out some irrelevant side commentary.
This case would decide whether the 2nd Amendment applies outside the household. It’s a NY law that requires people to show special need for protection to get a license to carry a handgun in NY. In the past, the ruling has been you can have a gun in your home. That was the DC case a few years ago, where Washington DC wanted to prevent homeowners from being able to protect themselves when the Democrats come trying to steal your stuff.
Chief Justice Thomas, it is expected, will likely be writing the majority opinion in this case and it is expected that what they’re going to do is grant concealed carry to every single American. If they strike down this NY law, that would in effect grant concealed carry to every person in America, and invalidate almost every gun control restriction. And it’s about to happen.
I'm not so confident this will happen as he says, but "wow". If it does happen, while the Dems are all calling to further restrict gun laws, this will be a major blow to their efforts.


NY Times article (only source I could find on the internet today)
The justices, who have not issued a major Second Amendment ruling since 2010, will hear a challenge to a New York gun control law.
WASHINGTON — The Supreme Court said on Monday that it would review a New York law that imposes strict limits on carrying guns outside the home, setting the stage for its first major Second Amendment case in more than a decade.

The move came in the wake of a recent spate of mass shootings, which were followed by calls from President Biden and other Democrats for stricter restrictions on firearms.

The Supreme Court has turned down countless Second Amendment appeals since it established an individual right to keep guns in the home for self-defense in 2008 in District of Columbia v. Heller.

Since then, lower courts have generally sustained gun control laws. But they are divided on the fundamental and open question posed by the new case: whether states can stop law-abiding citizens from carrying guns outside their homes for self-defense unless they can satisfy the authorities that they have a good reason for doing so.
he new case is a challenge to a New York law that requires people seeking a license to carry a gun outside their homes to show a “proper cause.” Two men denied licenses, along with the New York State Rifle & Pistol Association, sued, saying “the state makes it virtually impossible for the ordinary law-abiding citizen to obtain a license.”

California, Delaware, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island have similar laws, according to gun rights groups.

The precise question the Supreme Court agreed to answer was: “Whether the state’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”
In the end, they will all pretty much taste the same.

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BackInTex
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Re: Supreme Court to Hear Case on Carrying Guns in Public

#2 Post by BackInTex » Mon Apr 26, 2021 2:39 pm

The Daily Wire's take

Supreme Court Agrees To Hear The First Second Amendment Case In More Than A Decade
The Supreme Court of the United States on Monday announced their intent to hear the first Second Amendment case in more than a decade. The case, New York State Rifle & Pistol Association v. Corlett, will force the Court to address whether or not Americans can be forced to prove the need to carry a firearm for self-defense.

Under New York law, a person must apply for a permit to carry but he or she must prove “proper cause” exists. New York is a “may issue” state, meaning it’s up to local law enforcement agencies – generally sheriffs – to determine whether or not a person’s “need” to carry a firearm is valid.
“Nash, for instance, requested to carry a handgun for self-defense after a string of robberies in his neighborhood. But he was denied because he did not demonstrate a special need for self-defense. Koch wanted a similar license, and he was able to cite his experience of participating in safety training courses,” CNN reported. “He too was denied.”

The petitioners argued the Second Amendment protects a person’s right to carry a firearm outside of the home.

“A small minority persists in denying the right to typical law-abiding citizens, instead of reserving self-defense rights to the small subset of individuals whom the state deems worthy,” they argue. “New York is illustrative: It curtails fundamental, individuals self-defense rights. The governmental insistence upon a unique showing of need ignores that the Second Amendment broadly guarantees rights to all ‘the people.’”
Sounds like an equal protection issue.
The last landmark Second Amendment case the High Court heard was in 2010 with the McDonald v. City of Chicago case, which found that an individual’s right to keep and bear arms for self-defense applies at the federal, state, and local levels. Before that, in 2008, the Court heard District of Columbia v. Heller, which declared the Second Amendment protects an individual’s right to keep and bear arms unconnected from service in a militia.
In the end, they will all pretty much taste the same.

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