Supreme Court takes up major Second Amendment case

by admin 26 Comments

Second Amendment

[ad_1]

The Supreme Court on Monday agreed to hear a challenge to restrictions on carrying firearms outside the home, teeing up a potentially landmark dispute over the scope of the Second Amendment.

In an unsigned order, the justices took up a bid by two gun owners and a New York affiliate of the National Rifle Association to challenge the state’s denial of their applications for concealed carry licenses for self-defense.

The case represents the first time the 6-3 conservative court will hear arguments over the nation’s long-running and fraught debate about gun rights in America. 

It will be heard next term, which begins in October.

The court has declined to insert itself in similar cases in recent years and has not issued a major Second Amendment decision in over a decade when it ruled in a pair of cases in 2008 and 2010 that individuals have a right to keep guns in their homes.

With the addition of Justice Amy Coney BarrettAmy Coney BarrettWhy Supreme Court justices should not be signing million book deals Here’s how to avoid partisan court-packing The Hill’s Morning Report – Presented by Facebook – GOP makes infrastructure play; Senate passes Asian hate crimes bill MORE last year significantly shifting the court’s ideological balance to the right, court watchers have been waiting to see if the new majority would seek to revisit states’ gun restrictions. 

banner

In the brief order issued Monday, the justices said they would hear the case and focus on whether “the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”

The lawsuit was filed on behalf of Robert Nash and Brandon Koch, who were denied concealed carry permits for self-defense because New York officials had determined that they had failed to show a “special need” to carry weapons as required under state law.

Their lawsuit argues that such restrictions on concealed carry permits violate the Second Amendment. If they prevail in front of the Supreme Court, it could upend concealed carry laws across the country.

In a brief filed with the court in December, the gun rights activists called it “the single most important unresolved Second Amendment question” since the last major guns decision in 2010. 

“A law that flatly prohibits ordinary law-abiding citizens from carrying a handgun for self-defense outside the home cannot be reconciled with the Court’s affirmation of the individual right to possess and carry weapons in case of confrontation,” they wrote. “The Second Amendment does not exist to protect only the rights of the happy few who distinguish themselves from the body of ‘the people’ through some ‘proper cause.’ To the contrary, the Second Amendment exists to protect the rights of all the people.” 

The New York state attorney general’s office responded with its own brief, arguing that the law has been in place for over a century and the requirement that concealed-carry permit applicants demonstrate a proper cause is not overly restrictive or incompatible with the Supreme Court’s rulings on the Second Amendment. 

“This flexible standard, which numerous New York residents have successfully satisfied, generally requires a showing that the applicant has a non-speculative need for self-defense,” New York’s lawyers wrote. “Absent such a need, applicants may receive a ‘premises’ license that allows them to keep a firearm in their home or place of business, or a ‘restricted’ license that allows them to carrying public for any other purposes for which they have shown a non-speculative need—such as hunting, target shooting, or employment.”  

The brief noted that Nash and Koch were both granted restricted licenses.

According to the gun control activist group the Giffords Law Center, 31 states currently require residents to obtain a permit in order to carry a concealed weapon, with varying degrees of restrictions on those permits.

Updated at 11:27 a.m.

[ad_2]

Source link

Articles You May Like

Supreme Court Asked To Take Up Case Of Man Prosecuted For Lying About Marijuana Use While Buying Guns
Gov. Gavin Newsom Signs ‘Glock Ban’ Legislation into Law, Designating Most Popular Pistol a ‘Machinegun’
2 controversies over political rhetoric illustrate the perils of blaming gun control critics for murder
Florida lawmaker moves to lower gun purchase age as Supreme Court weighs case
Yes, we can prevent school shootings – The Battalion

26 Comments

  1. 93206 935017Heya just wanted to give you a brief heads up and let you know some with the pictures arent loading properly. Im not confident why but I feel its a linking issue. Ive tried it in two different internet browsers and both show exactly the same outcomes. 648394

    Reply

  2. 687655 692449Be the precise blog should you have wants to learn about this topic. You comprehend considerably its almost onerous to argue to you (not that I personally would needHaHa). You undoubtedly put a new spin for a topic thats been discussing for some time. Good stuff, merely nice! 474258

    Reply

  8. 733227 38690Delighted for you to discovered this internet site write-up, My group is shopping much more often than not regarding this. This can be at this moment surely what I are already seeking and I own book-marked this specific site online far too, Ill often be maintain returning soon enough to look at on your unique weblog post. 296536

    Reply

  9. 619026 490456This sort of wanting to come to a difference in her or his lifestyle, initial typically Los angeles Excess weight weightloss scheme is a large running in as it reached that strive. weight loss 890061

    Reply

  11. 317630 35648Keep up the fantastic piece of work, I read couple of posts on this internet site and I think that your blog is really interesting and holds bands of fantastic information. 166891

    Reply

  13. 625825 484016Hey! Do you know if they make any plugins to help with SEO? Im trying to get my weblog to rank for some targeted keywords but Im not seeing very great results. In the event you know of any please share. Thanks! 654070

    Reply

  19. 832000 837487Hey, you used to write wonderful, but the last several posts have been kinda boring I miss your tremendous writings. Past few posts are just a bit bit out of track! come on! 675800

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *