The U.S. Supreme Court on Thursday struck down a Latest York state gun control law, setting a serious precedent that expands the reach of the Second Amendment and puts existing firearm restrictions in other states into immediate legal jeopardy.
At issue in Latest York State Rifle & Pistol Association v. Bruen was a 1913 Latest York law that requires people to get licenses in the event that they need to take guns outside of their homes. With the intention to get one in every of those licenses, a gun owner must show they really want the weapon for self-defense.
In a 6-to-3 ruling, with Republican-appointed justices in the bulk and Democratic-appointed justices dissenting, the court determined that Latest York’s licensing requirement violates the Second Amendment’s guarantee of a “right to maintain and bear arms.”
Back in 2008, the court had said that the Second Amendment protects the proper to own a gun, while allowing for certain restrictions on firearms use. With this recent ruling, the court has effectively said the Second Amendment also protects the proper to hold that gun in public, which suggests it’s going to be tougher to defend restrictions in court.
The lead opinion, by Justice Clarence Thomas, focuses on “may issue” laws like Latest York’s ― that’s, laws where authorities have discretion over whether to issue permits. In a concurrence, Chief Justice John Roberts and Associate Justice Brett Kavanaugh clarify the ruling doesn’t cover “shall issue” laws in other states, where authorities lack such discretion.
However the states which have “may issue” systems include California and Latest Jersey, and together account for about one-fourth of the U.S. population.
And it’s not clear how much the excellence will ultimately matter.
Justice Stephen Breyer, writing in a dissent, warned that the lines separating “may issue” and “shall issue” systems aren’t at all times so clear, in order that even a few of the “shall issue” regulations could face successful challenges.