New York Gun Carry Ban Unconstitutional, Supreme Court Rules

WASHINGTON, D.C. – The Supreme Court of the United States held today that the Second and Fourteenth Amendments protect the right to carry firearms in public in the Firearms Policy Coalition (FPC)-supported case, NYSRPA v. Bruen. The opinion, along with the two supporting briefs FPC filed last year, can be found at FPCLaw.org.
The 6-3 majority opinion, authored by Justice Clarence Thomas and joined by Justices Alito, Gorsuch, Kavanaugh, Barrett, and Chief Justice Roberts, was notable in a number of important ways:
* The Court expressly rejected the “two-step” approach often employed by lower courts since the McDonald v. Chicago decision in 2010, saying that the Constitution “demands a test rooted in the Second Amendment’s text, as informed by history.”
* The Court expressly held that “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.”
* Quoting the McDonald plurality opinion, the Court held that: “The constitutional right to bear arms in public for self-defense is not a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”
* The Court said that: “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.”
* Ultimately, the Court held that: “New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.” Read more