October 4, 2022
Supreme Court will hear the largest gun rights case in over a decade
WASHINGTON — The Supreme Court takes up the most important gun rights case in more than a decade Wednesday, one that both sides hope will clarify how much protection the Second Amendment provides for carrying a gun outside the home.It's an issue the court repeatedly ducked after issuing a landmark 5-4 ruling in 2008 that…

WASHINGTON — Wednesday’s Supreme Court hearing will focus on the most important gun right case in over a decade. Both sides hope it will clarify the Second Amendment’s protection for gun ownership outside the home.

It’s an issue the court repeatedly ducked after issuing a landmark 5-4 ruling in 2008 that said the Second Amendment guarantees an individual right to keep a handgun at home for self defense. The case in question, which is from New York, could have an impact on state and local governments’ ability to impose wide-ranging firearms regulations.

New York bans openly carrying of handguns, but permits residents to obtain concealed firearm licenses if they can show a need that goes beyond the general desire to protect themselves. Gun owners sued the state, claiming that it makes it nearly impossible for ordinary citizens get the license.

Among the law’s challengers are the New York State Rifle and Pistol Association, an affiliate of the National Rifle Association, and two men who applied for general permits to carry a gun for protection but were turned down. Their challenge was rejected by a federal judge and the U.S. Court of Appeals, Second Circuit.

A person applying for a concealed weapon license must show a “special need for self-protection that is distinct from the general public or those in the same profession.” “

This violates the Second Amendment’s guarantee that everyone has the right to “keep and bear arms.” Paul Clement, a lawyer representing the challengers, stated that it was against the Second Amendment. In written filings, he told the Supreme Court that although the right to keep and bear arms is most applicable at home, the right to carry them outside of the home was also protected. “

The two sides differ strongly on the kinds of limitations that have historically been allowed, because the Supreme Court’s landmark 2008 ruling said the Second Amendment does not prohibit long-standing, traditionally accepted gun regulations of firearms.

Clement stated that the nation’s founders believed people had the right to use common arms for self-defense. Clement stated that the Constitution does not protect the rights of the state for only a few. ‘”

But New York Attorney General Letitia James, who announced on Friday that she’s running for governor, said in her written filings that local governments have long restricted carrying guns in public. The state has an urgent interest in reducing violence and violent crime, and the law at stake “furthers these urgent goals.” A ruling for the challengers would, she stated, “undermine the firearms restrictions all states and federal government have adopted in order to protect the public at sensitive places where people congregate, such as courts, airports and subways, sports arenas and bars, gaming venues, houses of worship, schools, and other places. “

All states allow carrying a concealed gun in public, though 34 require a state-issued permit. New York and seven additional states give local officials more discretion to deny permit applications, so they are most likely affected by this case’s outcome.

Pete Williams is an NBC News correspondent who covers the Justice Department and the Supreme Court, based in Washington.

Leave a Reply

Your email address will not be published.