NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., ET AL. v. BRUEN, ET AL. : Mammoth Win For Second Amendment

 

 

The Supreme Court Thursday ruled 6-3 that New York’s regulations that made it difficult to obtain a license to carry a concealed handgun were unconstitutionally restrictive, and that it should be easier to obtain such a license.

The existing standard required an applicant to show “proper cause” for seeking a license, and allowed New York officials to exercise discretion in determining whether a person has shown a good enough reason for needing to carry a firearm. Stating that one wished to protect themselves or their property was not enough.

“In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home,” Justice Clarence Thomas wrote in the Court’s opinion, referencing two previous gun cases. “Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.”

 

Go here to read the rest.  Go here to read the opinion.  The Second Amendment is the Amendment that ensures all the other Amendments as a last resort against tyranny.

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Donald Link
Thursday, June 23, AD 2022 12:33pm

Just in time to give some folks some second thoughts about reacting negatively on a ruling by the Supremes on Roe.

Dave G.
Dave G.
Thursday, June 23, AD 2022 1:26pm

The suspicion is that the court will not reverse Roe, that these little table scraps for conservatives are set up for balking on the Roe decision. I don’t watch the court much, so don’t know if that’s a trend or not. But it wouldn’t surprise me.

Tom Byrne
Tom Byrne
Thursday, June 23, AD 2022 1:59pm

Dave G:
Except that the hair-on-fear screaming to the abortion crowd suggests otherwise. The leaker (who has not be discovered, it seems) is likely still leaking. None of the comments from the Left seem anything but “grim”, and I don’t think millions can put on an act.

Art Deco
Art Deco
Thursday, June 23, AD 2022 3:04pm

The leaker (who has not be discovered, it seems) is likely still leaking. None of the comments from the Left seem anything but “grim”, and I don’t think millions can put on an act.

The leaker turned over a draft which had been prepared two months earlier. Not sure that person has regular access to confidential material. I sometime cross paths with Marc Esposito, a trial lawyer practicing in Richmond. His hypothesis is that the leaker is not a judge or a clerk, but someone on the support staff. If that’s the case, one reaction to the leak may have been to tighten up some spigots they hadn’t had to attend to before. (His view is that the risk of career damage, risk of disbarment, and risk of criminal charges should investigators put staff under oath are not risks an elite young lawyer would take).

Steven
Steven
Thursday, June 23, AD 2022 4:21pm

Whenever I see a quote by Frederick Douglass, I “hear” it in Morgan Freeman’s voice.

And yes, I love Ken Burns’ Civil War.

Art Deco
Art Deco
Thursday, June 23, AD 2022 6:21pm

Jon A Ballis is the chairman of the executive committee at Kirkland & Ellis.

David WS
David WS
Thursday, June 23, AD 2022 6:25pm

Pretty disgusting the way the governor of NY framed this ruling, as if law abiding citizens who lawfully seek a permit will commit gun violence.

Art Deco
Art Deco
Thursday, June 23, AD 2022 7:59pm

Pretty disgusting the way the governor of NY framed this ruling, as if law abiding citizens who lawfully seek a permit will commit gun violence.

She has spent her entire bloody work life since age 26 in the following milieux; (1) on the staff of elected officials and (2) an elected official herself. One curio: she’s renewed her law license every year, even though she practiced for less than a year and hasn’t practiced at all since 1984.

Interestingly, she grew up in a large family, as did her father. Her mother was an active Catholic and worked in a half dozen different apostolates as well as operating a small business. All this had no discernible effect on her worldview. She cut her teeth in politics at Syracuse University in projects to pester officialdom into doing her bidding. She’s an absolutely standard-issue Democratic pol who shows not a trace of individuality.

Art Deco
Art Deco
Friday, June 24, AD 2022 4:33am

It should be noted that the procedure to obtain a license to own a handgun in New York takes about 18 months and requires a hearing in front of a designee of the local sheriff and another in front of a judge. Also included are background checks by two agencies, references, background checks on your references (in some counties), and a list of every address you’ve ever had. Note, the median age of an American adult is 42 years; by the time I was 42 years old, I’d had 12 different addresses (that I can remember), and I’m a stick in the mud.

SouthCoast
SouthCoast
Friday, June 24, AD 2022 7:43am

AD, 26 residences since about age 2, which is as far back as I have coherent memories. Don’t know most of the addresses, and no idea where we lived while my Dad was studying in Mexico City when I was 12 to 18 months old.

Elaine Biggerstaff
Elaine Biggerstaff
Saturday, June 25, AD 2022 3:13pm

Love that NY is being hit left and right for the cesspool it is.

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