Can ordinary citizens be prohibited from carrying concealed weapons in public places? Do they have to prove a need before they are granted permission to carry? That’s the major gun rights case that the Supreme Court has agreed to take up, likely in the fall session. The SCOTUS granted certiorari on Monday. The NRA and New York Rifle and Pistol Association are hopeful that the Court will show that self-defense outside the home is as much a right as in the home.
The petition for a writ of certiorari is granted limited to the following question: Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment,Supreme Court statement via Fox
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This case challenges New York’s requirement that applicants demonstrate “proper cause” to carry a firearm. New York regularly uses this requirement to deny applicants the right to carry a firearm outside of their home. The NRA believes that law-abiding citizens should not be required to prove they are in peril to receive the government’s permission to exercise this constitutionally protected right.
Speaking on the Court’s decision, Jason Ouimet, Executive Director of NRA-ILA said, “The Court rarely takes Second Amendment cases. Now it’s decided to hear one of the most critical Second Amendment issues. We’re confident that the Court will tell New York and the other states that our Second Amendment right to defend ourselves is fundamental, and doesn’t vanish when we leave our homes.”NRA-ILA
The case is designated as New York State Rifle & Pistol Association, Inc. v. Bruen. The lawsuit was brought by the New York Rifle and Pistol Association due to the state’s well known refusal to grant concealed carry rights outside the home.
The state argued for the Supreme Court to reject the appeal because they say that forcing residents to prove that they need a gun promotes public safety, prevents crime and does not infringe on the 2nd amendment.
This case is the most important major gun rights case to be accepted by the court in decades. The Supreme Court has turned down numerous 2nd amendment issues since District of Columbia v. Heller and McDonald v. City of Chicago.
Our nation is divided strongly between pro-gun states and blue anti-gun states. There are numerous states that require proof of need before granting a concealed carry license- and it often results in no license at all. California, Delaware, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island restrict gun owners to proving WHY they need a permit.
Washington DC is a case in point: they required proof of need, but in 2015, the Court ordered them to issue permits. The permits were still bottlenecked and very few were issued.
Featured photo: by author
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