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Second AmendmentJune 23, 2022
What You Need To Know About Today's SCOTUS 2nd Amendment Decision: NYSRPA v. Bruen
Before we begin, let's take a moment to wish Associate Justice Clarence Thomas a happy birthday and perhaps give him a thanks for the decision he authored in the case of New York State Rifle & Pistol Association v. Bruen. The case dealt with a New York law that required a citizen petitioning for a license to carry a firearm to prove they had a need to carry said firearm. Well, the SCOTUS just said, NOPE!
The decision was quite tailored. The majority found that "because the State of New York issues public carry licenses only when an applicant demonstrates a special need for self-defense, [...] the State's licensing regime violates the Constitution." This doesn't mean licenses across the board are unconstitutional. Specifically, the notion that the state could use a subjective standard to determine whether a citizen had the right to be issued a license to carry was unconstitutional.
In his majority decision, Thomas writes,
"The constitutional right to bear arms in public for self-defense is not 'a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.' [...] We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendmentworks when it comes to a defendant’s right to confront the witnesses against him. And it is not how the SecondAmendment works when it comes to public carry for self-defense."
What this does mean, though, is that many of the states still issuing licenses to carry on a "may issue" basis might soon find several challenges to their laws. A cursory reading of this decision--keep in mind that I'm no lawyer or legal scholar--makes "shall issue" the law of the land. If so, this is a victory for second amendment supporters, although that's not how the gun-grabbing left is going to see it.
Already, many prominent leftists are freaking out.
\u201cToday 6 SCOTUS justices who go to work every day in one of the most well-guarded buildings in the country ruled against commonsense gun control laws to protect students, teachers, grocery store clerks, and doctors that go to school and work every day without such a privilege.\u201d— Rahna Epting (@Rahna Epting) 1655995277
\u201cSCOTUS makes us all less safe; holds NY gun permit requirement is unconstitutional\u201d— Joyce Alene (@Joyce Alene) 1655994849
\u201cSCOTUS believes gun rights are more important than your life. Not even a month since Uvalde.\u201d— Muad Hrezi (@Muad Hrezi) 1656006751
Even New York's governor is already looking for ways to fight the ruling.
\u201cIn response to this ruling, we are closely reviewing our options \u2013 including calling a special session of the legislature. \n\nJust as we swiftly passed nation-leading gun reform legislation, I will continue to do everything in my power to keep New Yorkers safe from gun violence.\u201d— Governor Kathy Hochul (@Governor Kathy Hochul) 1655995576
This decision also comes as bipartisan gun control legislation begins to make its way through Congress. Hopefully, if it manages to pass, the SCOTUS is prepared to smack it down, as well.
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