Home Forums Hunting & Shooting Hunter's Campfire Big SCOTUS win in NYSRPA

Written by Clarence Thomas.

New York's "proper cause" requirement to obtain a concealed carry license violates the Constitution.

Right to carry outside the home for self defense is constitutionally protected.

Opinion:

https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

Haven't read the whole thing, but it concerns me that Thomas says gun regulations must be tested if it ""is consistent with this Nation's historical tradition of firearm regulation."

Should this concern me?

Standing by for 'off the chart' apoplexy............

From the lib talking heads......

Great news.

Only to be shoved aside when Dobbs comes down. So maybe just the weekend.

No. Gun control is ever-restrictive, growing increasingly draconian.


1900 gun laws were better than 2022 gun laws, no?

Like Heller, the right to self defense is acknowledged.

Huge.

Scroll down to page 23 of the opinion..............

https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

'...the definition of 'bear' naturally encompasses public carry.....'

Depends. Weren't there cites and towns that banned firearms in the 19th century? Could that be used as a basis? Or is it that only restrictions that were in place at the writing of the 2nd?

According to Amy Howe (Scotusblog):

The states, including New York, that had used proper cause requirements "may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall-issue States."

and

In a concurring opinion joined by the chief, Justice Kavanaugh writes that today's ruling "does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense." "In particular," he says, "the Court's decision does not affect the existing licensing regimes--known as 'shall-issue' regimes-- that are employed in 43 states."

Not an attorney, and I didn't stay at a Holiday Inn last night, but I think the key concept is that the right is protected by the plain language of 2A, and our understanding of that language is illuminated by history and tradition. I don't think it means that traditional laws are presumed to be OK.

Bottom of page 27 top of 28.....

But to the extent later history contradicts what the text
says, the text controls. “‘[L]iquidating’ indeterminacies in
written laws is far removed from expanding or altering
them.” Gamble v. United States, 587 U. S. ___, ___ (2019)
(THOMAS, J., concurring) (slip op., at 13); see also Letter
from J. Madison to N. Trist (Dec. 1831), in 9 Writings of
James Madison 477 (G. Hunt ed. 1910). Thus, “postratification adoption or acceptance of laws that are inconsistent with the original meaning of the constitutional text


28 NEW YORK STATE RIFLE & PISTOL ASSN., INC. v. BRUEN
Opinion of the Court
obviously cannot overcome or alter that text.” Heller, 670
F. 3d, at 1274, n. 6 (Kavanaugh, J., dissenting); see also Espinoza v. Montana Dept. of Revenue, 591 U. S. ___, ___


IMHO, THIS^^^^^ seems huge.

Depends on interpretation.

To me?
It means that any regulation needs to be tested against the 2nd Amendment.

I agree.

We do need common sense gun laws.(Oh, Crap)
(Not sure giving 5 year olds a 1911 to play with is a good idea. Common sense)

When the idea of common sense gets twisted by those with a different
agenda, those proposals need to run into the brick wall of the Constitution.

Don't matter if it's guns,
government restricting travel, assembly, or Religious Worship.
Just to mention some recent infringements that were never really
addressed.

Cool. That will hit NYC particularly hard, since they have been in the habit of limiting concealed carry to government officials, multimillionaires, Jewish diamond merchants, and celebrities for a very long time. It's always been fairly easy to meet the "proper cause" requirement in most places in New York State outside the city.

It will be interpreted differently in red states and blue states.

Looks to me like a miss....

Biggest win ever for 2A rights at SCOTUS.

This will impact on AW bans and magazine bans.

6-3

They can still be banned on privet property.

NY will try to enact laws that still allow them to control the issuance of carry permits. They will then be slapped down by the courts. Just like DC tried in Heller.

Don't think the average Joe is going to get a permit anytime soon.