BREAKING: Supreme Court Rules NY’s Restrictive Concealed Carry Scheme is Unconstitutional!

in 2nd Amendment – R2KBA, Current Events, This Week, Uncategorized
BREAKING: Supreme Court Rules NY's Restrictive Concealed Carry Scheme is Unconstitutional!
New York Gov. Kathy Hochul. (Photo: Hochul)

In a HUGE win for 2A rights, the Supreme Court today struck down New York’s restrictive “may-issue” standard that requires one to provide to the government a “proper cause” to bear arms outside the home as part of the concealed-carry licensing process.

Under this system, government officials can arbitrarily deny a law-abiding citizen’s concealed-carry application on the grounds that one’s “proper cause,” or reason for needing a permit, wasn’t sufficient.

Citing one’s natural right to self-defense or constitutional right to keep and bear arms, in many cases, wasn’t enough to convince local judges and chief law enforcement officers that the applicant was deserving of a permit.

Hence, the origin of this case, known as, New York State Rifle & Pistol Association, Inc. v. Bruen.

The high court overturned the “proper cause” requirement 6-3. Justice Clarence Thomas penned the majority opinion.

SEE ALSO: Orlando Police Release Footage of Deadly Shootout During Traffic Stop

“In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home,” Justice Thomas wrote.

“Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution,” he continued.

Altogether, there are nine states that have a may-issue permitting scheme. They are, per USCCA:

Following this landmark decision, they will need to remove their “proper cause” mandate and adopt a permitting process that doesn’t run afoul of the Constitution.

Pro-gun groups were quick to declare victory.

“This is a tremendous victory for all American gun owners who cherish their God-given right to protect themselves and their families. At GOA, we proudly fight to overturn restrictive gun laws, and we are excited to see may-issue concealed carry laws permanently relegated to the history books,” said Erich Pratt, Gun Owners of America’s Senior Vice President.

“After all, allowing the government to decide which citizens are permitted to carry a firearm outside the home downgrades our God-given rights to mere privileges,” he continued. “This is why the Second Amendment says our right to keep and bear firearms ‘shall not be infringed’!” 

Gov. Hochul is not happy with the ruling.

On the other side of the gun, anti-gunners are distraught by the ruling.

“Just as Republicans, gun owners and Democrats are coming together to demand action on gun safety– SCOTUS just ruled for the opposite and rolled back +200 years of jurisprudence,” wrote activist David Hogg on Twitter.

“Americans want domestic tranquility and a well regulated militia not a SCOTUS bought by the NRA.”

Of course, their fears are way overblown. What anti-gunners fail to mention is that half the country right now has constitutional carry on the books.

This means that law-abiding residents in 25 states do not need a government-issued permit to carry concealed firearms in public. No. Permit. Required. At. All.

If restoring carry rights was the threat to public safety that anti-gunners make it out to be, all the pro-gun red states would be on fire right now. But they’re not.

Now, New York won’t adopt constitutional carry but it will be forced to enact a shall-issue permitting arrangement that guarantees 2A rights to all law-abiding citizens. And, New Yorkers will be better off for it.

The full decision:

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About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

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  • Ned Palmer June 28, 2022, 12:30 am

    SHUT UP SHUTTING UP YA’ . ALL rights are absolute , from GOD, NOT THE GOVERNMENT.

  • Stan d. Upnow June 25, 2022, 12:54 pm

    Since when did a zombie from “The Walking Dead” become NY governor? I mean, look at her!

    • Ej harbet June 27, 2022, 12:28 pm

      It’s like a demon is trapped in a skin suit and is trying to leap forth. She reeks of evil

  • J June 24, 2022, 4:13 pm

    Justices Kavanaugh and Roberts opinion in this case did not hint or even discuss anything about Constitutional Carry or support it as an option. I thought the number of shall issue states was reduced from the 43 states that is written by Justices Kavanaugh and Roberts in this case since, 25 States have Constitutional Carry currently is puzzling in many ways.

    We should never forget that Justices Kavanaugh and Roberts really stabbed this great 2nd Amendment chance and us in the back by Justice Kavanaugh’s 3 page opinion in the case by saying it is legal for states to impose restrictions our rights, thus limiting the reach of this case by the majority. We are still stuck with a state giving us permission to bear arms. This case still has not pushed the 2nd Amendment needle forward enough. Taken from the case opinion stated by Justices Kavanaugh and Roberts below.

    “First, the Court’s decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense. In particular, the Court’s decision does not affect the existing licensing regimes—known as “shall-issue”regimes—that are employed in 43 States.”

    “Going forward, therefore, the 43 States that employ objective shall-issue licensing regimes for carrying handguns for self-defense may continue to do so. Likewise, the 6 States including New York potentially affected by today’s decision may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall-issue States.”

  • Boss June 24, 2022, 10:53 am

    Things to rember!
    Thomas Jefferson
    “The Constitution of our states assert that all power is inherent in the people, that they may exercise it by themselves, that it is their right and duty to be at all times armed.”

    “No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”

    “I prefer dangerous freedom over peaceful slavery.”

    James Madison
    “The right of the people to keep and bear arms shall not be infringed. A well-regulated militia, composed of the body of the people, trained in arms, is the best and most natural defense of a free country.”

    “Americans have the right and advantage of being armed – unlike the citizens of other countries whose governments are afraid to trust the people with arms.”

    Alexander Hamilton
    “The best we can hope for concerning the people at large is that they be properly armed.”

    Benjamin Franklin
    “Democracy is two wolves and a lamb voting on what to have for dinner – Liberty is a well-armed lamb contesting the vote!”

    In the Words of our Enemies

    Adolph Hitler
    “The most foolish mistake we could possibly make would be to permit the conquered Eastern peoples to have arms. History teaches that all conquerors who have allowed their subjects races to carry arms have prepared their own downfall by doing so.”

    Vladimir Lenin
    “One man with a gun can control 100 without one.”

    The reason the Democrats are so adamant to take AR15s from us that it is operated like the M16 thus a well trained militia. Their intent is to break the constitution, if they can take the Second Amendment the rest will be easy. This truly does make the AR15 America’s rifle. I believe everyone should own at least one as we cannot own M16s.

    2/4 3Rd Mar Div

    • tom June 24, 2022, 7:44 pm

      as usual with some folks they pick and choose what they can understand – the Constitution says a whole lot more than the little snippets you know. you pick what you deem important, out of any context, silly little comments. This is typical, ignorant communication! Get a clue, learn, this might be good enough for the brain dead MAGA crew, but for educated people its a bunch of ludicrous BS

      • Kc jailer June 27, 2022, 9:09 am

        Good thing we have superior beings such as you to explain it then, huh?

      • Ned Palmer June 28, 2022, 12:22 am

        Yeah, this from a maroon…yes you Tom.

    • Jerry June 27, 2022, 9:53 am

      “one man with a gun…” visit the shanksville memorial, and remember how wrong kamrad ilyitch was onso many other things. I read recently where he was a half-vast plot by the germans of the day, before it began “gang agly”. To note, the warsaw riots proved how terrified a government can be of a few defenders.

  • St.Michael June 24, 2022, 10:19 am

    She’s attempting to over rule the SCOTUS…she is a nwo traitor…rosenburg mandate for her and minions and bosses….as usual dnc is full of shit muskets “flintlocks” were the most advanced at the time so following her agenda only the MILITARY would have them….rest of us matchlocks “rain your screwed” or bows n arrows knives and clubs……She’s a khazarian BEEEECH

    • Blue Dog (he/him) June 24, 2022, 2:37 pm

      She is an nwo traitor? So she is in the Wolfpac?

      HOLLYWOOD 4 LIFE

  • kjj5874 June 24, 2022, 9:58 am

    “Just as Republicans, gun owners and Democrats are coming together to demand action on gun safety– SCOTUS just ruled for the opposite and rolled back +200 years of jurisprudence,” wrote activist David Hogg on Twitter.

    Sorry the constitution is getting in your way HOG!!

    David Hog never wrote this statement he isn’t smart enough to know what jurisprudence means, some anti gun ivy league far left lawyer wrote it for him and let there darling anti 2nd amendment activist David hog put his name on it. Hog is an idiot and is cashing in on a tragedy of kids dying.

    • tony June 24, 2022, 7:55 pm

      well he’s absolutely CORRECT. This Sup. Ct. is a Reactionary group imposing THEIR morals and beliefs, NOT the desires of the nation as a whole. They are truly a pathetic, dangerous group – a religious female nutcase, an ultra-conservative abuser, a man who’s WIFE was in the group that STORMED the Capital on Jan 6 with all the other lunatics hoping to cancel out democracy, and this juror does not have the ETHICS, COMMON DECENCY, COMMON SENSE or CAJONES to recuse himself from the bench – wow, that’s great for our DEMOCRATIC PRINCIPALS.
      the Trump supreme ct. would be a good set for a comedy soap opera, but its its really so DANGEROUS that there is nothing to laugh about…..and now the religious NUTS and BORN AGAIN Right-Wing Christian zealots overrule Roe – we are going back 50 years in America – bring back the King (gawd help us, not Trump)-

      • Kc jailer June 27, 2022, 9:19 am

        News flash – the court isn’t supposed to consider “the desires of the nation as a whole”, they determine whether laws are constitutional. Even for democratic principals.

    • Stan d. Upnow June 25, 2022, 12:59 pm

      Why hog-boy gets any notice at all is beyond me.

      • Jerry June 27, 2022, 10:08 am

        Hoggie gets the limelight because the left likes propping-up victims to best show how their cause is more holy….eh, cant use that word, this is the left we’re talking about…….ah, yes, more worthy, thats the word, yes, more worthy of your pity, and the reason why you should abandon-nay; reject and deny-your God-given rights and succomb…er, submit…to their diktats. Democracy is wolves and sheep deciding who is having who over for dinner, and freedom is armed sheep joining the 3 pigs in evicting the wolves.

  • Scott June 24, 2022, 9:15 am

    From page 25 of the opinion “Just as the First Amendment protects modern forms of communications, and the Fourth Amendment applies to modern forms of search, the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”

    And from page 45: “Whatever the likelihood that handguns were considered “dangerous and unusual” during the colonial period, they are indisputably in “common use” for self-defense today. They are, in fact, “the quintessential self-defense weapon.”

    Or, in laymen’s terms, carrying a handgun shall not be infringed.

    Also of note, based on the term bearable arms, and after reading the entire opinion, the arguments about magazine capacity, semi-autos, SBR’s, SBS’s, AOW’s, suppressors, , BT’s FRT’s, full-auto, etc., are all drastically diminished if not eliminated altogether.

  • Thomas K Gaffey June 24, 2022, 8:52 am

    while at this time it only affects NY, it sets precedent for the rest of the states, who won’t have a leg to stand on when their laws are challenged, as they are sure to be. I also get a kick out of all this trying to limit 18 yr olds from guns when the 9th circuit has already found that it is unconstitutional , one challenge to the new bill and it’s right to SCOTUS

    • roger June 24, 2022, 7:58 pm

      hey genius, doesn’t matter what the lower courts find, the SC over rules, as evidenced that these bumbling imbeciles can ever over rule themselves, i.e. Roe.

      What a group!

  • Nicholas June 24, 2022, 8:15 am

    I realize that this may be difficult for the so-called pro-2nd community to comprehend, but the decision rendered by the S. Ct. only applies to NY. This is the issue with a nation that is so ignorant of our law that while thinking we are fighting for our rights we are slowly but surely abdicating all of them.
    The most important aspect of our law is the ability of “We the People” to hold government in check. Ignorance of the law, or selfish reasons are more likely the case, has morphed a once great Republic into a confused and contentious democracy, slowly killing itself.
    In 1791 the words “A well regulated Militia being necessary to the security of a free State” were added to a Bill of Rights. They are the only words in that Bill that point directly, and correlate with a Duty commanded by the original Constitution.
    In 1833 Justice Joseph Story wrote in his commentaries on the Constitution that he did not know how we would, now I’m simplifying his words, maintain “the right of the people to keep and bear arms” if we refused to maintain the first 13 words of the amendment.
    I am perplexed, confused, and disgusted by a community that has done everything in its power to undermine the militia, clearly written into both the Constitution and Bill of Rights.
    Wake up! Justice Story knew of what he spoke.

    • Scott June 24, 2022, 9:21 am

      Yet the right was not to have a militia, it was to keep and bear arms, and now there are three rulings, in the last 14 years, that clarify that.

    • Kane June 24, 2022, 9:54 am

      “I realize that this may be difficult for the so-called pro-2nd community to comprehend, …”

      An insult at jump street, hmmm. Is that good form?

      A little less condescending tone and a little more an explanation as to why you are so above the common herd next time. Do that on your future post(s) and more people may give you the credit you fail to give to others. Maybe NOT.

      • Scott June 24, 2022, 11:30 am

        Acceptance is the last of stage of grief. Accepting the definition of “the right to keep and bear arms shall not be infringed”, and the accepting the subsequent ruling in question would be the normal healthy conclusion to disbelief, anger, bargaining, and depression. The inability to accept is arguably a component of being schizophrenic in that, for example, an individual could, delusionally, believe the 2A was about the right to have a militia and not about the right to keep and bear arms. Remember there is only one “right” in the 2A. The statement about militia preceding it is circumstantial, that is a militia is dependent on that right that people have, and the right is to possess and carry weapons. All supercilious postings aside, this is crystal clear if one reads the definitions of the words, understands grammar and punctuation, and can in a healthy way move through all five of the grieving stages.

    • Blue Dog (he/him) June 24, 2022, 10:32 am

      Well said, Nicholas! The 2nd Amendment is not absolute nor was it ever meant to be!

      • Hondo June 24, 2022, 4:58 pm

        Bluedouche him/clown , it is absolute you know nothing you FJB nut hugger, go away troll.

      • Kane June 24, 2022, 11:56 pm

        Is that what Nicholas said? Or was he just throwing around an insult and other irrelevant words around? Since you endorse his post then back his words up and give the top 3 examples that support where he said “I am perplexed, confused, and disgusted by a community that has done everything in its power to undermine the militia,..”

        1.?
        2.?
        3.?

        No answer from you or him proves there is no meaningful message to his post and only two clowns think he is brillant.

      • Ned Palmer June 28, 2022, 12:30 am

        SHUT UP SHUTTING UP YA’ MA ROON. ALL rights are absolute , from GOD, NOT THE GOVERNMENT.

    • TUC June 24, 2022, 10:59 am

      Sorry to tell you this Nick, but this is now Federal law not only N.Y.S law.

  • David F June 24, 2022, 7:57 am

    The video dictionary entry for “Butthurt”.

    Muskets? They envisioned the same thing as the combatant had.

    If not they also didn’t envision electronic voting either so everything goes back to in person and paper,

  • srsquidizen June 24, 2022, 7:41 am

    Gun haters’ main argument seems to be that such laws have been in place a long long time so SCOTUS should leave them alone and ignore the Constitution. That argument would make Brown v. Board a bad decision too.

  • Elmer Fudd June 24, 2022, 7:38 am

    Hey Blue Dog, glad to see you are so concerned about the 9th and 10th amendments.

    We are all concerned about the Biden regime violating those two amendments and also The Hatch Act by weaponizing federal agencies and their entitlement programs to increase “get out the vote” programs and federalize elections. Their efforts focus strictly on urban areas.

    On this 2A ruling, I am so happy that Democrat controlled cities like NYC can no longer deny the inalienable right to self defense to “the little guy” and oppressed minorities they claim they care about so much.

    • kjj5874 June 24, 2022, 10:06 am

      To all the blue states and the SCOTUS right to carry decision ” Sorry the Constitution got in your way “

  • Chuck Matson June 24, 2022, 7:02 am

    Failed pillow tycoon hogg should just be ignored.

    • Stan d. Upnow June 25, 2022, 1:05 pm

      Better yet, he should be Hogg-tied. lol

  • Ej harbet June 24, 2022, 6:38 am

    Comment censored by ga
    In support of Governor hokul

    • Stan d. Upnow June 25, 2022, 1:06 pm

      Well then, that’s good. It’s time your side got a taste of censorship!

  • Ej harbet June 24, 2022, 6:36 am

    I don’t think it possible to top randy Andy’s loathsome despicability in the governor mansion. And then we get this tyrant who daily makes failed attempts to not visibly reek of the evil inside her soul. If she was given the power of Heinrich himmeler she would literally dominate his deeds. Hell eagerly awaits her

  • James Lavin Jr. June 24, 2022, 5:16 am

    NO lie GI.

  • Blue Dog (he/him) June 23, 2022, 8:54 pm

    I don’t know about you guys but I don’t find much to celebrate in sacrificing the 9th and 10th amendments on the altar of the 2nd. Pass Democracy and Federalism through the fire like King Manasseh did his child.

    Let the states decide, right?

    • Kc Jailer (sire/your majesty) June 24, 2022, 8:36 am

      Unless the states decide on a course of action that violates the US constitution. Get it now? I didn’t think so.

    • Ed Charles June 24, 2022, 9:48 am

      The right to bear arms, the right to defend humanity and of course family and oneself and one’s property is a God-given and Natural right of all humans, which is guaranteed by THE, OUR Constitution. This is absolutely NOT a right that is determined by local or State
      Government. No no the states do NOT decided, ALL States must obey the very simple and understandable rights defined therein the Constitution, and that will nullify any local law that is against the Bill of Rights and the Constitution. The Constitution is all we really need to govern OURSELVES. we certainly do NOT need Lawyers to misinterpret and try continually to modify the Simple Wording of the Constitution. So that there is no misunderstanding, the Constitution applies to all humans, and non-humans, lawyers included as well as other entities such as Levi’s and other Constitution hating companies such as
      Costco, that will not allow law-abiding citizens to enter their stores. When a business is open to the public, they do not have the right to restrict access to different races, just as they do NOT have the right to restrict anyone who is in compliance with the Constitution.

    • Hondo June 24, 2022, 5:01 pm

      Bluedouche him/clown is card carrying commie, get lost Bolshevik .

    • Stan d. Upnow June 25, 2022, 1:12 pm

      Why, it’s the confused Blind Dog(he/she/it) back again with another troll comment meant to incite indignation & corrective comments. Done playing your game, Dog. (no disrespect to dogs intended)

    • Hondo June 26, 2022, 9:59 am

      More verbal diarrhea from this circus clown (aka) bluedouche him/clown, why don’t you and your silly pronouns go get lost already.

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