The Supreme Court has struck down New York State’s restrictive requirements for residents to obtain a concealed carry permit.
The court ruled 6-3 in the New York State Rifle & Pistol Association Inc. v. Bruen case to strike down New York’s “century-old law” which requires residents who wish to obtain a permit to carry a handgun concealed outside of their home to show that they have “proper cause” and a “special need for self-protection.”.
Justice Clarence Thomas penned the opinion, writing, “In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”
“Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution,” he added.
New York Gov. Kathy Hochul (D) reacted to the ruling, tweeting, “It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons.”
“In response to this ruling, we are closely reviewing our options – including calling a special session of the legislature. Just 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,” she added.
In response to this ruling, we are closely reviewing our options – including calling a special session of the legislature.
— Governor Kathy Hochul (@GovKathyHochul) June 23, 2022
Just 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.
New York Attorney General Letitia James also chimed, “We are currently reviewing the decision from the Supreme Court on New York’s ability to regulate who can carry firearms in public.
She vowed, “We will continue to do everything in our power to protect New Yorkers from gun violence and preserve our state’s common sense gun laws.”
We are currently reviewing the decision from the Supreme Court on New York's ability to regulate who can carry firearms in public.
— NY AG James (@NewYorkStateAG) June 23, 2022
But we will continue to do everything in our power to protect New Yorkers from gun violence and preserve our state's common sense gun laws.
Meanwhile, state Sen. Alessandra Biaggi (D) wrote on Twitter, “The GOP has been working for years to buy a conservative-majority Supreme Court. Their plan has been transparent and it’s working as we are witnessing the dangerous consequences today.”
Democrats can no longer be resistant to using their fullest power. Expand the Supreme Court,” she added.
The GOP has been working for years to buy a conservative-majority Supreme Court. Their plan has been transparent and it's working as we are witnessing the dangerous consequences today.
— Alessandra Biaggi (@Biaggi4NY) June 23, 2022
Democrats can no longer be resistant to using their fullest power. Expand the Supreme Court.
Forty-three states have laws that are less restrictive than New York’s which state that the government “shall issue” permits to those seeking to carry a firearm. A “shall issue” law means that as long as you meet the basic requirements and pass a background to obtain a concealed carry permit, the state does not have the discretion to deny you one.
The plaintiff’s lawyer, Paul Clement, told the justices in oral arguments, “The thrust of this case is, you know, we’d like what they’re having. We’d like what the people in the other 43 states are allowed to do and exercise their rights, and in many of those states, it’s shall issue.”
Tom King, the executive director of the New York State Rifle and Pistol Association, told IJR the case is about “freedom and the right that the Second Amendment guarantees to protect yourself outside your home.
“New York’s law is very restrictive. They may or may not give you a pistol permit. They may or may not give you a concealed carry permit,” King said as he pointed out that there is no standard requirement for residents to obtain a concealed carry permit between counties.
He argued that some counties have “absolutely ridiculous levels that you have to reach in order to get one.”
