The Supreme Court Strikes Down New York’s Unconstitutional Concealed Carry Law
The Court has made it clear that it will not tolerate unconstitutional restrictions on citizens seeking to exercise their Second Amendment right to bear arms, whether inside or outside of their home.
On June 23rd, in New York State Rifle & Pistol Association v. Bruen, the Supreme Court, in a 6-3 ruling, struck down a New York law requiring concealed carry permit applicants to meet a “proper cause” requirement. For the applicant to satisfy the “proper cause” requirement, they had to “demonstrate a special need for self-protection distinguishable from that of the general community.” The Court held that “New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.” The Court’s majority included Chief Justice Roberts and Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett.
Writing for the Court, Justice Clarence Thomas argued that the Supreme Court in District of Columbia v. Heller and McDonald v. Chicago “recognized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense.” Consistent with Heller and McDonald, the Court found that “the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside of the home.”
Speaking specifically on the Second Amendment, Justice Thomas correctly called out the hypocrisy of overbearing and unconstitutional restrictions. Thomas stated, “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 exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need. The Second Amendment right to carry arms in public for self-defense is no different.”
Prior to the decision, the District of Columbia and six states, New York, California, Hawaii, Maryland, Massachusetts, and New Jersey, all had “proper cause” laws in place to prevent law-abiding citizens from obtaining a concealed carry permit. These states are also referred to as “may issue” states. In contrast, “shall issue” states have laws compelling the government to issue a concealed carry permit after applicants meet basic objective requirements.
As a result of the Supreme Court’s decision in NYSRPA v. Bruen, may issue states and jurisdictions will now have to amend their concealed carry permit processes to allow all law-abiding citizens who meet basic objective requirements to obtain a concealed carry permit. The Court has made it clear that it will not tolerate unconstitutional restrictions on citizens seeking to exercise their Second Amendment right to bear arms, whether inside or outside of their home.
This decision was undoubtedly correct. As a result, the Second Amendment can no longer be treated as an inferior right to other constitutional protections, as it has been for decades. It is a win for firearm owners and, more importantly, the Constitution.
In the wake of NYSRPA v. Bruen and Dobbs v. Jackson Women’s Health Organization, the left’s response has been contradictory and entirely detached from the Constitution. They argue that the Second Amendment does not confer a right to bear arms on everyday citizens outside of their homes. While simultaneously arguing that the Constitution does confer a right to abortion. It goes to show that leftists do not value the Constitution. The Democrat’s sole goal is to enact their preferred policy prescriptions by any means necessary, even if it requires turning the Supreme Court into a super-legislature.
Garrett Gillespie graduated Magna Cum Laude from the University of Central Florida with a Bachelor of Arts degree in political science.
The Gillespie Report is a weekly news and conservative commentary column written by Garrett Gillespie. Subscribe to receive the newest edition each week for free.
The US Constitution is a wise guide to moving forward. It is a good place to start as we comprehend how to respond to the many attacks on our liberty. Thanks.