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Supreme Court Says Constitution Protects the Right to Carry a Gun Outside the Home

“Because New York State only issues public transportation licenses when an applicant demonstrates a particular need for self-defense, we conclude that the state’s licensing regime violates the Constitution,” Judge Clarence wrote. Thomas for the 6-3 majority of the court.

The opinion changes the framework that lower courts will use in the future when analyzing other gun restrictions, which could include proposals currently before Congress if they eventually become law.

The ruling, in a case brought by an NRA-backed group and two individuals, could potentially allow more guns to be carried in public.

Critics say the ruling will undermine common-sense solutions they say can curb gun violence.

Only half a dozen other states have similar laws — California, Delaware, Hawaii, Maryland, Massachusetts, and New Jersey — have similar regulations, but those states include some of the most densely populated cities in the country. .

Twenty-five states generally allow people to carry concealed weapons in most public spaces without any permits, background checks or safety training, according to the Giffords Law Center to Prevent Gun Violence.

Since handing down two major Second Amendment cases in 2008 and 2010, the court has largely sidestepped the issue, but agreed to take up the dispute again after Judge Amy Coney Barrett arrived, underscoring its impact on the new court. conservative.

In District of Columbia v. Heller of 2008, the court ruled for the first time that the Second Amendment protected an individual’s right to keep and carry guns in their home for self-defense. With the exception of a follow-up ruling two years later, the judges have largely stayed away from the issue, infuriating gun rights advocates and even some of the judges themselves.

Thomas and other conservatives have made it clear they believe the lower courts thumbed their noses at the Heller decision by keeping the restrictions. “The Second Amendment is a disadvantaged right in this court,” Thomas previously said.

The case, New York State Rifle & Pistol Association v. Bruen, concerned a New York law governing licenses to carry handguns concealed in public for self-defense. It required a resident to obtain a permit to carry a concealed pistol or revolver and demonstrate that there is a “good cause” for the permit. Residents must show that they have a great need for the permit and that they face a “special or unique danger to their lives”.

A panel of judges from the 2nd US Circuit Court of Appeals ruled that the New York law did not violate the Second Amendment.

This story is broken and will be updated.


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