Supreme Court

2022 - 6 - 23

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Image courtesy of "The Washington Post"

Supreme Court finds N.Y. law violates right to carry guns outside home (The Washington Post)

It's the court's first major Second Amendment ruling in more than a decade, and it clears the way for legal challenges to similar restrictions in California ...

But New York authorities denied their requests for “unrestricted” licenses for self-defense because officials said they could not show a “special need for self-protection distinguishable from that of the general community.” “New Yorkers will soon be able to defend themselves outside of their homes without first having to prove that they have a sufficient ‘need’ to exercise their fundamental rights,” Jason Ouimet, executive director of the National Rifle Association’s Institute for Legislative Action said in a statement. The justices have turned down numerous requests from gun rights advocates to review those decisions. But it falls far short of the broader gun-control measures for which Biden and other Democrats have called, such as a new assault weapons ban or restrictions on high-capacity ammunition magazines. Within hours of the court’s ruling Thursday, the full Senate voted 65-34 to close debate on the legislation and move toward approval. At oral argument last fall, several justices expressed concern about guns on New York’s subway or in Yankee stadium. In dissent, Justice Stephen G. Breyer pointed to the nearly 300 mass shootings since January and to data showing that gun violence has surpassed car crashes as the leading cause of death among children and teens. The Court today severely burdens States’ efforts to do so.” “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.” Manhattan District Attorney Alvin Bragg said in a statement Thursday that the court’s ruling “severely undermines public safety not just in New York City, but around the country” and will make it “more difficult to limit the number of guns in our communities.” His office has been preparing for the decision and is crafting gun safety legislation that will “take the strongest steps possible to mitigate the damage done today,” he said. The ruling, he said, “opens the door to rightly change the law” in the half dozen other states “that still don’t recognize the right to carry a firearm for personal protection.” “In the wake of the horrific attacks in Buffalo and Uvalde, as well as the daily acts of gun violence that do not make national headlines, we must do more as a society — not less — to protect our fellow Americans,” he said.

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Image courtesy of "Politico"

Supreme Court strikes down New York gun law along ideological lines (Politico)

The ruling Thursday expanding gun rights came as the nation is reeling from a series of high-profile mass shootings, as Congress seems poised to enact the first ...

She warned that allowing anyone who worked in Manhattan late at night to carry a gun would mean flooding the city’s subways with weapons, raising what she called “the particular specter of a lot of armed people in an enclosed space.” Heller, a 5-4 decision which found a constitutional right for individuals to keep a gun in their residence but didn’t opine on rights beyond the home. And how does the dissent account for the fact that one of the mass shootings near the top of its list took place in Buffalo? The New York law at issue in this case obviously did not stop that perpetrator.” Two members of the court who joined in Thursday’s decision, Justice Brett Kavanaugh and Chief Justice John Roberts, suggested it would affect only six states other than New York because they, too, put the onus on a gun owner to justify issuance of a permit. And it is not how the Second Amendment works when it comes to public carry for self-defense.” It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him.

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U.S. Supreme Court expands gun rights in striking down New York ... (New Jersey Monitor)

The court ruled that New York's concealed carry law violates the 14th Amendment of the Constitution.

The licensing officer determined that Koch and Nash were prohibited from carrying a concealed weapon in areas “typically open and frequented by the general public.” “The New York law at issue in this case obviously did not stop that perpetrator.” Missouri Attorney General Eric Schmitt said his state and Arizona led the way in filing the brief. “I urge states to continue to enact and enforce commonsense laws to make their citizens and communities safer from gun violence,” Biden said. Some provisions would provide funding for states to enact their own red flag laws, which allow the courts to temporarily remove a firearm from an individual who poses a threat to themselves or others. In a 6-3 decision in New York State Rifle & Pistol Assoc. v.

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Image courtesy of "The New York Times"

Gun Control Live Updates: Senate Vote and Supreme Court Ruling (The New York Times)

Signaling a shift that will reverberate nationwide, the Supreme Court ruled 6 to 3 to strike down New York's gun law, likely limiting the ability of state ...

“The burden is on the government to justify restrictions, not on the individual to justify to the government a need to exercise their rights.” “Over 90 percent of the people prosecuted for unlicensed gun possession in New York City are Black and brown,” a coalition of public defender groups said in a statement. In this case, he added the alternative would be to “have everyone carry guns on the streets of New York.” “I have people telling me they decided to get a gun that I never dreamed would go out and get a gun,” he said. In this case, he added the alternative would be to “have everyone carry guns on the streets of New York.” Maryland is among several states with a gun restriction that is expected to be challenged in the wake of the Supreme Court ruling. There is already evidence that public support for stricter gun laws has surged again in the aftermath of the killings in Buffalo and Uvalde, Texas. While the public’s support for new restrictions tends to subside thereafter, these shootings or another could still produce a lasting shift in public opinion. “Will a person bent on carrying out a mass shooting be stopped if he knows that it is illegal to carry a handgun outside the home?” he wrote. “It refuses to consider the government interests that justify a challenged gun regulation, regardless of how compelling those interests may be. The full toll of gun violence in the United States is far larger, as mass shootings account for only a small percentage of deaths and injuries. Bruen — written by Justice Clarence Thomas, the court’s staunchest gun rights supporter— held that the Second Amendment protects “an individual’s right to carry a handgun for self-defense outside the home.” “Will a person bent on carrying out a mass shooting be stopped if he knows that it is illegal to carry a handgun outside the home?” Justice Alito asked.

Statement by President Joe Biden on Supreme Court Ruling on ... (The White House)

I am deeply disappointed by the Supreme Court's ruling in New York State Rifle & Pistol Association v. Bruen. Since 1911, the State of New York has.

Bruen. Since 1911, the State of New York has required individuals who would like to carry a concealed weapon in public to show a need to do so for the purpose of self-defense and to acquire a license. Bruen. Since 1911, the State of New York has required individuals who would like to carry a concealed weapon in public to show a need to do so for the purpose of self-defense and to acquire a license. More than a century later, the United States Supreme Court has chosen to strike down New York’s long-established authority to protect its citizens.

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Image courtesy of "CNN"

Supreme Court says Constitution protects right to carry a gun ... (CNN)

The Supreme Court opinion is the widest expansion of gun rights in a decade.

"Today's ruling is a watershed win for good men and women all across America and is the result of a decades-long fight the NRA has led," NRA Executive Vice President Wayne LaPierre said in a statement. Residents must show that they have a great need for the license and that they face a "special or unique danger to their life." "Today the Supreme Court is sending us backwards in our efforts to protect families and prevent gun violence. Manhattan District Attorney Alvin Bragg said the ruling, "severely undermines public safety not just in New York City, but around the country." It required a resident to obtain a license to carry a concealed pistol or revolver and demonstrate that "proper cause" exists for the permit. Heller, the court held for the first time that the Second Amendment protects an individual's right to keep and bear arms at home for self-defense. Nash, for instance, requested to carry a handgun for self-defense after a string of robberies in his neighborhood. The petitioners in the case were Robert Nash, Brandon Koch and the New York State Rifle & Pistol Association -- an NRA affiliate. But expanding the category of 'sensitive places' simply to all places of public congregation that are not isolated from law enforcement defines the category of 'sensitive places' far too broadly," Thomas wrote. "This ruling contradicts both common sense and the Constitution, and should deeply trouble us all," Biden said in a statement. "I fear that the Court's interpretation ignores these significant dangers and leaves States without the ability to address them." "Only if a firearm regulation is consistent with this Nation's historical tradition may a court conclude that the individual's conduct falls outside the Second Amendment's unqualified command," Thomas said.

Governor Newsom Responds to Supreme Court Decision on ... (Office of Governor Gavin Newsom)

SACRAMENTO – Governor Gavin Newsom today issued the following statement after the Supreme Court's ruling on a New York concealed carry law:.

California has proven that commonsense gun laws save lives, and we will continue to stand up to those in political power who enable and coddle the gun industry.” Our Administration has been working closely with the Attorney General and the legislature for months. “While this reckless decision erases a commonsense gun safety law that existed for decades, California anticipated this moment.

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Blue state gun laws on the chopping block with Supreme Court ruling (Politico)

State legislatures will have to scramble to rewrite their laws after the court rejected New York's gun licensing rules.

“It will be very hard for states and cities and Congress to know what is allowed right now, what kind of regulation or firearms is even constitutional? About a third of states have a form of a “shall-issue” law, giving state officials some discretion when it comes to accepting or rejecting gun applications. But in half of states, Americans are allowed to carry a concealed weapon without a permit. Under New York’s law, in place since 1913, residents were required to show proper cause to carry a concealed weapon in public for self-defense. The Court’s 6-3 decision in favor of gun owners who want to carry weapons outside their home, strips local officials of broad authority to deny such permits for almost any reason. The ruling immediately places in jeopardy similar gun licensing laws covering at least 70 million Americans, including New York, California, New Jersey, Maryland, Massachusetts and Washington, D.C. Laws in these jurisdictions prevent most people from legally carrying a handgun, known as “may-issue” regimes.

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Image courtesy of "Texas Tribune"

Supreme Court gun ruling likely won't affect Texas' regulations (Texas Tribune)

The high court found that states can't require people to show “proper cause” for a gun permit. Texas allows people to carry handguns without a permit.

Hinojosa has been asking Gov. Greg Abbott and GOP lawmakers to hold a special legislative session over gun regulation since the shooting in Uvalde. He pointed to the scourge of gun violence in the country, including the shooting in Uvalde last month that killed 19 schoolchildren and two educators. “The Amendment allows States to take account of the serious problems posed by gun violence that I have just described. The century-old New York law that was overturned said residents need to prove “a proper cause” to carry a handgun for self-defense in public. “The exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need. Texans 21 and older can openly carry handguns without a license or training if they are not legally prevented from doing so by the state.

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Image courtesy of "New Jersey Monitor"

New Jersey officials fear more gun violence after Supreme Court ... (New Jersey Monitor)

For a century, New Jerseyans had to prove a "justifiable need" to carry a gun outside their home. A federal ruling has overturned that law.

“This is a ruling that will lead to a proliferation of gun violence in New Jersey. That’s not debatable,” Castner said. Only 15% of New Jerseyans are licensed gun owners, and polls show most Americans regard gun violence as a problem and support gun control policies. “This ruling is upsetting, and they’re wrong. “It’s a punch to the gut today. A gun owner must apply for a carry permit with their local police chief or the state police superintendent, be endorsed by “three reputable persons,” and demonstrate safe firearm handling. Uvalde and Buffalo,” Kanter said. But this court has ruled that the Second Amendment and the right to bear arms supersede whatever it is that you think that your state needs.” “States like New York, New Jersey, and California have unique issues regarding gun violence, and they know which laws are best for their respective jurisdictions. “Plain and simple, the majority’s decision disregards centuries of practice and recklessly enables violence.” “You can’t just show up tomorrow at Walmart with your Glock,” Castner said. Restraining orders, drug dependency, convictions for serious crimes like homicide and kidnapping, and a few other factors disqualify applicants from getting permits. The news left some lawmakers musing aloud whether the bills would withstand a court challenge if they pass into law.

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Image courtesy of "The New York Times"

Supreme Court Strikes Down New York Law Limiting Guns in Public (The New York Times)

The decision, based on a broad interpretation of the Second Amendment, will make it harder for states and localities to restrict guns outside the home.

“For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous,” Justice Thomas wrote. “Will a person bent on carrying out a mass shooting be stopped if he knows that it is illegal to carry a handgun outside the home?” Justice Alito asked. “It imposes a task on the lower courts that judges cannot easily accomplish.” “That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion,” he added. Since then, it has been almost silent on the scope of Second Amendment rights. In a concurring opinion, one that appeared to limit the sweep of the majority opinion, Justice Brett M. Kavanaugh, joined by Chief Justice John G. Roberts Jr., wrote that “shall issue” laws used objective criteria and remained presumptively constitutional. Justice Thomas wrote that states remained free to ban guns in sensitive places, giving a few examples: schools, government buildings, legislative assemblies, polling places and courthouses. “It is hard to see what legitimate purpose can possibly be served by most of the dissent’s lengthy introductory section,” he wrote. Does the dissent think that laws like New York’s prevent or deter such atrocities? Since the start of this year, there have been 277 reported mass shootings — an average of more than one per day. Jonathan Lowy, a lawyer with Brady, a gun control group, said the decision was a grave misstep. “We’re already dealing with a major gun violence crisis,” Ms. Hochul said.

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Image courtesy of "USA TODAY"

Gun rights supporters ecstatic, safety experts appalled: Supreme ... (USA TODAY)

Supporters of the Second Amendment lauded the Supreme Court's decision on Thursday, while gun control advocates say it jeopardizes public health.

Thursday’s ruling establishes a new framework for determining the constitutionality of gun control laws. "Next week, I will have 16 new gun safety bills on my desk, including a bill that will allow individuals to sue gun makers and distributors for violating certain gun laws. "It is not always an option to wait on the phone when 911 police response times are several minutes and there’s a bad guy in your house or there’s a bad guy attacking you on the street." Historically, New Jersey law has made it difficult to obtain a carry license. For him, the ruling gives individuals the opportunity to defend themselves when faced with a threat. Supporters of the Second Amendment have lauded the decision, while gun control advocates say it jeopardizes public health.

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Image courtesy of "The New York Times"

States Rush to Revamp Laws After Supreme Court's Gun Ruling (The New York Times)

After some restrictions on gun permits were deemed unconstitutional, legislators announced plans to craft new laws that honor the ruling while still ...

Mr. Bonta acknowledged that the ruling would outlaw the state’s requirement that Californians show “good cause” for carrying a gun in public, but he said other requirements appeared to remain constitutional, including background checks and firearms safety training. “He’s finally had his Second Amendment rights vindicated,” Mr. Beck said of his client. On Thursday, state lawmakers and the attorney general, Rob Bonta, said they have been tailoring legislation for some time with the New York case in mind. On Thursday, Mr. Newsom said California lawmakers “anticipated this moment” and would hear a bill next week to shore up the state’s “public carry” law, rewriting it to regulate gun use in ways that blunt the ruling’s impact. In rural counties or jurisdictions with Republican police chiefs or sheriffs — Sacramento, for example — permits to carry guns outside the home typically require little more than a gun safety class, a clean criminal record and a fee. “That is unacceptable.” “We are going to see a lot of litigation,” said Adam Winkler, a University of California, Los Angeles, professor who specializes in gun policy. Even then, the sheriff’s decision is “discretionary and final,” the local guidelines say. Instead, the court has now ruled that a “history and tradition” standard should be used to evaluate these questions. The United States already had been moving in the direction of easing concealed-carry requirements. They also must undergo 16 hours of firearms training, pass a background check and psychological examination, and have no history indicating a propensity toward violence or carelessness with firearms. Three additional states — Connecticut, Delaware and Rhode Island — may need to rewrite laws that set certain limits on how permits for carrying guns outside the home are issued, gun rights groups said.

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Image courtesy of "The CT Mirror"

'Wave of new litigation' in CT possible after Supreme Court gun law ... (The CT Mirror)

Connecticut's gun laws won't be immediately impacted by Thursday's U.S. Supreme Court ruling that struck down a New York law restricting where guns can be ...

“We are working closely with advocates and legislators to make sure that we are ready to respond to whatever impact this decision may have on Connecticut.” A person with a gun permit in Connecticut is allowed to carry a gun in public. “More people will be harmed by guns as a result of today’s decision. “Whether you get a permit is totally dependent on this abstract term that isn’t defined at all.” The Supreme Court’s 6-3 decision in New York State Rifle & Pistol Association Inc. v. “We are not going back in Connecticut,” Tong said.

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Supreme Court's Second Amendment decision demands courts look ... (USA TODAY)

The Supreme Court ruling focused on a New York gun law, but Justice Thomas also set a standard that upends the way other gun laws will be judged.

By rejecting the second step, the ruling Thursday blocks lower courts from weighing what a government says is its need for a gun law and instead requires judges to focus exclusively on the text of the Constitution and whether there are historical antecedents for the challenged gun law. Gun control groups aren’t throwing in the towel on defending regulations – and they hope to use the Thomas opinion to their advantage. Chris Stone, with the National Association for Gun Rights, said the earlier approach to gun laws "turned the Constitutional questions into a cost-benefit analysis on a Bill of Rights guarantee." "We remain optimistic that the vast majority of gun safety laws will withstand constitutional challenge, even under the court's new test." After the Supreme Court’s gun rulings in 2008 and 2010, lower courts adopted a two-step approach to deciding whether a gun law was constitutional. In other words, did the city or state have a good reason for the law and was the restriction limited to addressing that reason. "The implications for gun rights litigation are massive," Stone said. This spells doom for numerous state and federal gun laws and regulations." Kavanaugh stressed in a separate opinion Thursday, joined by Roberts, that he doesn’t view the court’s historical analysis as giving courts carte blanche to overturn every gun regulation on the books. That could include red flag laws, for instance, which permit courts to remove firearms from those deemed a threat but that didn't exist in 1791. Some of those disputes may revolve around how to define “sensitive places” where cities and states traditionally banned guns. It would also prevent partners in a current or recent relationship from buying guns if they have been convicted of domestic violence.

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