Politics

Supreme Court Strikes Down New York Concealed Carry Gun Law; Expands 2nd Amendment Rights

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In a historic case the Supreme Court has expanded the Second Amendment of the Constitution by striking down a New York concealed carry gun law.

Here is the link to the opinion.

Justice Claraence Thomas issued the opinion of the court with the 5 other conservative members joining him.

The court holds that New York’s “proper-cause” requirement to obtain a concealed-carry license violates the Constitution by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.

Thomas says in the syllabus that the court is holding “that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home. The New York “proper cause” requirement violates the Constitution, Thomas explains, because it only allows public-carry licenses when an applicant shows a special need for self-defense.

The court rejects the “two-part” approach used by the courts of appeals in Second Amendment cases. “In keeping with Heller,” Thomas writes, “we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.”

The government will have to show, Thomas says, that a gun regulation “is consistent with this Nation’s historical tradition of firearm regulation.” This test, Thomas adds, “accords with how we protect other constitutional rights.”

The Thomas opinion indicates that it is “settled” that places like polling places and courthouses “were ‘sensitive places’ where arms carrying could be prohibited consistent with the Second Amendment.” And courts can analogize to simliar sensitive places, he adds.

The key point in this case, Thomas explains, nothing in the Second Amendment distinguishes between home and public “with respect to the right to keep and bear arms.”

This is a big win for the second amendment and the right to “keep and bear arms.”

1 reply »

  1. The right to keep and bear arms shall not be abridged. That means there can be no gun law that hinders the right to keep and bear arms, and a law that prevents guns in the courtroom does not hinder the right to keep or bear arms, but proving need does hinder the right.

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