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Supreme Court could nix New York gun law that limits right to carry guns in public
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The U.S. Supreme Court will hear a case Wednesday that could make it much easier for New Yorkers to carry firearms in public.
Since 1913, New York has had a “proper cause” requirement to carry a gun in public areas. This makes it necessary for New Yorkers seeking a so-called conceal-carry permit to show a heightened need for self-defense.
The New York State Rifle & Pistol Association is challenging that requirement, arguing that the Second Amendment’s “right to bear arms” is available to all Americans, not just those who can demonstrate a special need.
The city Law Department filed a brief in the case, which has major implications for the strict gun permit process run by the NYPD.
“Gun violence in our communities is a growing problem, and it could get worse if this case is decided incorrectly. We must defend New York State’s common-sense permitting,” said city Corporation Counsel Georgia Pestana in a statement about the case. “The NYPD’s ability to carefully screen people who apply for conceal-carry licenses based on a concrete need keeps us safe.”
The oral arguments will come in the first Second Amendment case before the high court since President Donald Trump-appointee Amy Coney Barrett took the bench, solidifying a 6-3 conservative majority.
The city argues that courts across the 50 states have allowed states and municipalities to enact their own firearm licensing rules.
The case stems from a 2018 federal lawsuit in which two New Yorkers, Robert Nash and Brandon Koch, claimed that the state violated their fundamental right to bear arms by denying them conceal-carry permits.
“New York’s effort to deprive petitioners and other law-abiding New Yorkers of that right, unless they can satisfy a government official that they have an especially great need to exercise that right, is unconstitutional,” wrote Koch and Nash’s attorney Paul Clement in his Supreme Court brief. “Simply put, the state cannot reserve for a happy few a right that the Constitution protects for all.”
The court declined to hear more than 150 Second Amendment cases since its last major decision on a gun case in 2008. The court agreed to consider the New York case following Barrett’s appointment, leading some Supreme Court observers to suspect the law may be struck down.
Such a ruling would immediately affect seven other states, like California and Massachusetts, that also have “proper cause” or “good cause” laws on the books, said Second Amendment expert Eric Ruben.
“Without question it would increase the number of people lawfully carrying weapons on the street,” Ruben, a professor at SMU Dedman School of Law and a fellow at the Brennan Center for Justice, told The News.
“The licensing regime has existed in the same form for over a century and comports with a long tradition of state and local regulations restricting the carrying of firearms in public,” wrote state lawyers in their brief opposing the the challenge to the proper-cause law.
“The law is consistent with the historical scope of the Second Amendment and directly advances New York’s compelling interests in public safety and crime prevention.”
Supreme Court could nix New York gun law that limits right to carry guns in public
NY Daily News - We are currently unavailable in your region
The U.S. Supreme Court will hear a case Wednesday that could make it much easier for New Yorkers to carry firearms in public.
Since 1913, New York has had a “proper cause” requirement to carry a gun in public areas. This makes it necessary for New Yorkers seeking a so-called conceal-carry permit to show a heightened need for self-defense.
The New York State Rifle & Pistol Association is challenging that requirement, arguing that the Second Amendment’s “right to bear arms” is available to all Americans, not just those who can demonstrate a special need.
The city Law Department filed a brief in the case, which has major implications for the strict gun permit process run by the NYPD.
“Gun violence in our communities is a growing problem, and it could get worse if this case is decided incorrectly. We must defend New York State’s common-sense permitting,” said city Corporation Counsel Georgia Pestana in a statement about the case. “The NYPD’s ability to carefully screen people who apply for conceal-carry licenses based on a concrete need keeps us safe.”
The oral arguments will come in the first Second Amendment case before the high court since President Donald Trump-appointee Amy Coney Barrett took the bench, solidifying a 6-3 conservative majority.
The city argues that courts across the 50 states have allowed states and municipalities to enact their own firearm licensing rules.
The case stems from a 2018 federal lawsuit in which two New Yorkers, Robert Nash and Brandon Koch, claimed that the state violated their fundamental right to bear arms by denying them conceal-carry permits.
“New York’s effort to deprive petitioners and other law-abiding New Yorkers of that right, unless they can satisfy a government official that they have an especially great need to exercise that right, is unconstitutional,” wrote Koch and Nash’s attorney Paul Clement in his Supreme Court brief. “Simply put, the state cannot reserve for a happy few a right that the Constitution protects for all.”
The court declined to hear more than 150 Second Amendment cases since its last major decision on a gun case in 2008. The court agreed to consider the New York case following Barrett’s appointment, leading some Supreme Court observers to suspect the law may be struck down.
Such a ruling would immediately affect seven other states, like California and Massachusetts, that also have “proper cause” or “good cause” laws on the books, said Second Amendment expert Eric Ruben.
“Without question it would increase the number of people lawfully carrying weapons on the street,” Ruben, a professor at SMU Dedman School of Law and a fellow at the Brennan Center for Justice, told The News.
“The licensing regime has existed in the same form for over a century and comports with a long tradition of state and local regulations restricting the carrying of firearms in public,” wrote state lawyers in their brief opposing the the challenge to the proper-cause law.
“The law is consistent with the historical scope of the Second Amendment and directly advances New York’s compelling interests in public safety and crime prevention.”