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The United States Supreme Court has agreed to hear arguments concerning New York’s laws that regulate handgun licensing, setting up the court’s first major Second Amendment case in more than a decade, and the first since ultraconservative justices gained a majority of the seats on the court.
New York has some of the most stringent gun laws in the country, and the state requires those seeking a permit to carry a firearm outside of their homes to provide “proper cause.”
Two men who were denied permits, along with the New York State Rifle & Pistol Association, sued the state, claiming that the requirement was too vague, and violated their Second Amendment rights.
“Despite the term’s importance as a condition precedent, New York law does not define ‘proper cause,'” the group wrote in their brief, arguing that “the state makes it virtually impossible for the ordinary law-abiding citizen to obtain a license.”
(Among those who reportedly had a permit to carry a concealed weapon in New York City a decade ago: Roger Ailes, Sean Hannity, Ron Lauder, Howard Stern, Donald Trump, and Donald Trump Jr.)
Barbara Underwood, New York’s solicitor general and former attorney general, had argued that the requirements were actually less restrictive than other states.
At least seven other states, including New Jersey, Massachusetts, Maryland, and California, have similar laws. Last year, a challenge to New York City’s concealed carry laws was rendered moot after the city made a slight change to the regulations.
The case would be heard during the court’s next term, which begins on the first Monday of October. The office of New York Attorney General Letitia James will argue on behalf of the state.
The Supreme Court had recently shied away from taking Second Amendment cases, with some legal scholars arguing that the ultraconservative majority didn’t want to rely on Chief Justice John Roberts as their deciding vote on hugely consequential and controversial decisions. The last major Second Amendment case the court ruled on was 2008’s District of Columbia v. Heller, in which Justice Antonin Scalia wrote a 5-4 majority opinion that essentially enshrined the right to have a handgun in one’s home. (That decision was affirmed in a 2010 challenge to Chicago’s gun laws.)
But after Justice Ruth Bader Ginsburg died, President Donald Trump appointed Justice Amy Coney Barrett to the bench, giving the ultraconservatives a 6-3 majority on the court.
Last year, UCLA law professor Adam Winkler, who has written a book on Second Amendment jurisprudence, told NPR that Barrett “has a very expansive view of gun rights, likely one even broader than Justice Antonin Scalia.”
Gun sales are currently at record-highs, spurred in part by the mass shootings that have generated calls for gun control by the Biden administration, which in turn prompt more gun sales.
“This NRA-backed case is a massive threat to that security. Imagine someone carrying a gun through Times Square, onto the subway, or to a tailgate outside of a Bills game,” Governor Andrew Cuomo said in a statement.
“The NRA’s goal here is to shift the onus onto regular New Yorkers, police officers, security guards, and first responders to determine whether an armed individual poses a threat or is simply carrying for self-defense. The streets of New York are not the O.K. Corral, and the NRA’s dream of a society where everyone is terrified of each other and armed to the teeth is abhorrent to our values.”
The New York State Rifle & Pistol Association, which is the state’s NRA affiliate, did not respond to a request for comment.
This story has been updated with a statement from the governor.
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