In a decision that could mark a watershed moment for Second Amendment rights, the Supreme Court has agreed to take a concealed carry case out of New York aimed at striking down the state’s draconian “may issue” policy.
The New York State Rifle & Pistol Association and two New York residents sued the state back in 2018 after one of the petitioners was denied a concealed carry permit for failure to show that he had “good cause” to have one. The case has worked its way through the court system over the past three years, and now it stands a chance of overturning “may-issue” requirements in eight other states.
“Perhaps the single most important unresolved Second Amendment question after this Court’s landmark decisions in District of Columbia v. Heller and McDonald v. City of Chicago is whether the Second Amendment secures the individual right to bear arms for self-defense where confrontations often occur outside the home,” the NYSRPA wrote in its petition to the Court.
“The Second Amendment does not exist to protect only the rights of the happy few who distinguish themselves from the body of ‘the people’ through some ‘proper cause.’ To the contrary, the Second Amendment exists to protect the rights of all the people.”
Gun rights groups cheered the decision.
“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,” said Jason Ouimet, Executive Director of NRA-ILA.
SEE ALSO: Maybe this Will Be the Lawsuit that Overturns May-Issue Concealed Carry in New York
The Second Amendment Foundation also “hailed” the decision as a potential victory for gun rights.
“The entire gun rights community has waited for many years for this news,” said SAF founder and Executive Vice President Alan M. Gottlieb. “A right that exists only in one’s home is not a right at all. We do not limit the right of free speech, or freedom of the press, or the practice of one’s religion, or the right to legal counsel just to someone’s residence. And ultimately, that’s what we’re talking about, constitutionally-protected fundamental rights.”
Gun control groups expressed concern that the Court could strike down concealed carry laws as gun-related violence spikes in cities across the country.
“The stakes are high any time the Supreme Court considers a case about public safety laws, and they’re particularly high now,” said Eric Tirschwell, managing director of Everytown Law.“Gun violence has only worsened during the pandemic, and a ruling that opened the door to weakening our gun laws could make it even harder for cities and states to grapple with this public health crisis.”
At issue is whether the Second Amendment protects law-abiding citizens from state laws that prohibit or restrict carrying firearms outside the home for self-defense. Previous high court decisions have affirmed the individual right to own firearms inside the home, but for many years SCOTUS refused to answer this case’s question.
SEE ALSO: Biden Addresses Boulder: We don’t have to wait, we can ban ‘assault weapons’ now
The change has likely come as the result of the confirmation of Justice Amy Coney Barrett, a Trump appointee. Chief Justice John Roberts is unlikely to side with gun rights proponents, so many believed the four pro-gun judges rejected 2A cases for fear of a victory for the other side. Now that Justice Coney Barrett is on the bench, they have the five votes they need to secure a pro-gun win.
If the Court rules in favor of the petitioners, its decision could strike down laws in nine states that require residents to prove they have a “good cause” to obtain a concealed carry permit. These so-called “may issue” states effectively ban concealed carry for most law-abiding residents because they require proof of an immediate threat. A broad decision from the Court could be enough to force those states to issue permits to any law-abiding citizen who applies.
A favorable ruling could also predict positive outcomes for other 2A cases. The lower courts have disagreed on “assault weapon” bans and magazine capacity restrictions, to name just two examples, so the Supreme Court could also strike down those bans in states that have them.
The Court will likely hear this case in the fall and issue a decision next spring.
This is for TONY and all the idiots who agree with him. You guys always bring up education and how educated you’s brag to be. Let me tell you education doesn’t translate into knowledge. I’ve worked with a lot of educated people from lawyers to doctors to paralegals and many are among the stupidest people I know. So if you want to make asinine statements don’t throw down your college transcripts to validate your arguments because after your left wing professors brainwashed you your education doesn’t translate to knowledge.!
After the fraudulent elections, I have no hope for the high court. I would have never imagine the level of fraud that occurred in this country culminating in a socialist President. After the election of Biden, anything is possible in this country. For those idiots that think the 2A is not important, look at what the communist/Dems are trying to pass. Federalized elections, gun registrations, packing scotus, etc etc. “the 2A guarantees all the other rights”.
FRAUDULENT ELECTIONS???? Almost every source in the Nations says no fraud, including Republicans, yet complete brain-dead idiots still shout this absurd, ridiculousness promoted by an authoritarian, hateful, fascist, misogynist, narcissistic, dangerous, psychopath sick loser!
You are another of the absolutely unbelievable dumb idiots who will not accept facts that are beyond any doubts, except that YOU want them to be so you “believe.”
There is a recognized psychology problem you clearly evidence – basically believing whatever YOU want to believe when its been shown to be false.
Wake up and try to use your mind for a minimal amount, other than worrying about which gun you are going to fondle today!
I live in New York State and have held a pistol permit since 1986. Looking back to the 80s, my reason was to learn how to shoot at a firing range. This new interest grew slowly, but I am now a local gun club member and now in its second year. I do not conceal carry my firearm for the most part out due to imprinting. My pistol is a full-size 92G Beretta. I no longer live in a city, and today, I find it unnecessary to conceal carry. My everyday routine is measured carefully. It goes like this. Where am I going? Consider the risk. However, NYS law now has followed me to the suburbs, and lawmakers here call it “red flag law.” The outcome of such an absurd feature would illicit a neighbor who knowingly could remove your firearm from your home for no other reason than he or she didn’t like you.
I live in New York State and have held a pistol permit since 1986. Looking back to the 80s, my reason was to learn how to shoot at a firing range. This new interest grew slowly, but I am now a local gun club member and now in its second year. I do not conceal carry my firearm for the most part out due to imprinting. My pistol is a full-size 92G Beretta. I no longer live in a city, and today, I find it unnecessary to conceal carry. My everyday routine is measured carefully. It goes like this. Where am I going? Consider the risk. However, NYS law now has followed me to the suburbs, and lawmakers here call it “red flag law.” The outcome of such an absurd feature
After all the bogus arguments that the left will spout, it shouldn’t take even 5 minutes to determine that the right to keep and bear arms SHALL NOT BE INFRINGED is the only result of this. Just because you aren’t in your home doesn’t mean that you can’t defend yourself by whatever means you feel works best for you. This ruling should be 9-0 in favor of open or concealed carry, in all 50 states. This would render all “gun free zones” to the garbage heap of history. As such, contrary to what the left will whine about, violent crime will go down because criminals aren’t going to confront a potential armed “victim'” That would be bad for their health!🤔😲☠
Never once have I seen where gun owners have displayed a true and lawful understanding of the terms: “People, citizen, resident.” Most often they are applied incorrectly and used interchangeably. Know this; the People are served by the government, citizens are servants to the government, and residents are temporary inhabitants of Washington, DC. and so become federal property aka US citizens.
The general public needs to learn about their political status, and it’s not about being a democrat or republican. It’s much more than that.
The Founders wrote what they meant and meant what they wrote. Back then it was commonly understood that People are sovereigns and citizens are second-class subjects of the government. The 2A specifically mentions the people, not the citizens. People can only be ruled by consent and mere citizens are ruled by the government. When people accept benefits from the government, they pay for those benefits by surrendering their God-given constitutionally protected rights. Nothing comes from the government w/o strings attached, which is why citizens must beg for the privilege to “keep and bear arms” that American sovereign people do not. Our ignorance is used against us by the government. Are we sovereigns or slaves?
So much for education Look up A “Republic” if you can keep it .
the only, and I mean only thing supreme about this court is that they are supreme assholes and traitors …that is it
Traitors? On point analysis
Yes, there are a lolt of in-bred ignorant folks that write these comments, people that appear to not even graduated high school, let alone an advanced degree.
Concealed carry is not necessary in our society, and its mostly the wanna-be weekend rangers and “spec ops” warriors who need to feel like men because their real member is much smaller than their 4″ cc, and certainly nowhere near as hard.
I like guns, own quite a few since i was a child, but there are too many loonies that support the over the top pro-gun shouts of the brain dead. Gun registration should be enacted nationwide, no question about it…and quit the crap and the absurd ignorant arguments that th govt will come in and snatch up our guns!
They should Ban and Take certain assault weapons, there is no need nor any Constitutional protection for machine guns, grenade launchers, multi-round mags, build-it yourself untraceable guns, etc.
It was that crazy arrogant, crooked, sick forerunner we recently got rid of who contributed so much to the present violence, lets get our country together.
….and btw, read and learn what democracy really means, stands for and allows. Some of you cowboys think it allows for anything and everything you wanna do, like in the old west, but be advised,genius, it Does Not, never did and was never intended tool by the framers – so get bit of education for Yourself rather than listen to those lying, hateful, deceitful talking heads that populated Fox.
I’m keeping my guns, my friends are keeping their guns, we’re gonna shoot when we wnat and we’renot aftraid of some lunatic conspiracy theories that abound today.
Tony,
You sound like an anti-gun moron with your comments. So you say only ban certain guns. Have you ever heard of the enemy using “Divide &7 Conquer” like ALL the Anti-Gun Traitors to America. You sound like a “useful
idiot ” as the Commies say. You have some BS philosophies for sure. You’re not a patriot, you’re a Benedict Arnold. Gun Rights Traitor. Maybe the Dem’s, and the Liberal Left Wing Radicals could use an useful idiot like you! Moron!
**** Concealed carry is not necessary in our society ****
This is an argument of privilege. You live in an environment that allows you to take your personal safety and that of your loved ones for granted. Good for you. Now consider that others are not so fortunate. Some have had their faces rubbed in their vulnerability by the violent criminals you don’t have to think about. Not wanting to be robbed, or to see one’s mother, wife, daughter or sister be raped, has nothing to do with puerile speculation about other men’s penises.
Wow! With all due respect, try thinking for yourself once in awhile. You would be surprised if you actually talked to people who carry, not just men.
Shanz-
“Thinking for yourself????” what in the world are you babbling about…how does this apply at all to carrying a gun because someone “wants” too. “Talk to people who carry???” you’re intellect and LOGICAL thinking skills are obviously just plain not existent. YOU NEED TO TRY THINKING, PERIOD!!
Wow! Your ignorance and arrogance is astounding. YOU should not own a gun. I’m afraid with your lack of mental acuity you will hurt someone or maybe yourself. Actually I don’t give a damn if you hurt yourself but would hate to see others hurt.
Yet another NRA genius. I’m sure my mental acuity equals (excels) yours since you are another of the one trick pony gun lovers – as if allowing unrestricted gun ownership is so very important to the world (obviously it is ion your small-minded pissant world).
People like you get all up in arms, start spouting your misunderstood and misquoted statements from the Constitution, courts, etc. Clearly no proper understanding but like many start spouting half-truths because you heard them on tv (certainly a completely informed and trust worthy source of quotable material for people like you).
And what in the hell are you talking about with your absurd statement, showing a lack of focus and a mind floating in the ether with no clear base…you are a typically self-promoted idiot!
WOW Tony! I never read anything like that before. You’re a genuine fucking idiot.
NO, I think YOU SHOW yourself to be the IDIOT, but you can’t understand what i’m talking about because deep thinkers like you cannot grasp thoughts other than what would be comprehended by a chimpanzee or the like. Hence, if you disagree with something its wrong, the deliveror is an idiot – boy, you’re certainly MAGA (make america greedy again).
Go to school, get some education on thinking in concept not what your peabrain sees!!
I totally agree with your first sentence and the rest of your inane commentary proves you are one of those you moan about.
tony,
davud is absolutely right in that you live a privileged life; or from my standpoint, “oblivious” life.
On a personal level, this comes down to having a choice: I’m fortunate that I reside in a “shall issue” state which gives me the choice and option to defend myself should any incident happen since we all know that the Police will only show up after Domino Pizza has delivered, and they are only on scene to document things for CNN and to cover up any deficiencies in their previous encounters with the perpetrator(s). A CCW Permit is no different than insurance: You may elect not to obtain one, or get the minimal coverage while others chose more extensive policies. A choice one makes and take RESPONSIBILITY for it.
At the national level, I firmly believe that 2A was intended by the Founders as the ultimate check on government power. It is the last box that citizens may invoke after all 3 other boxes have been exhausted.
The 2A not only guarantees every other paragraphs on the Bill of Rights, but it sets the United States apart from every other countries on this planet.
I’m uncertain that the Founding Fathers had local hoodlums in mind when they wrote that simple and eloquent paragraph since the thugs would have been dispatched by the entire neighborhood. Our own government (aided by the media, aka useful idiots) — in its vicious cycle of corruption, continuous zeal for power, and strive to survive — is the primary actor behind the misdirection of linking 2A to CCW Permits or whatever else they can throw in front of us. How else can the Socialist tame this country founded on self-reliance, self-governance, and individual rights? Only through divide and conquer, and by slowly chipping away the foundation laid out over the past 250+ years.
oh brother another WARRIOR who’s ready to blast the meanies all to hell when they get in his face. A true american hero with his strap-on ready to deal with bad guys like the Lone Ranger or Hopalong Cassidy did.
We all gotta feel really secure to know loose canons like this roam the streets, awaiting their 15 minutes of fame in a glorious gun battle where right overcomes bad, and this idiot saves the day!
From someone who HAS been in the trenches, it just don’t work that way. AS stated earlier statistically you have a better chance to be run over by a space alien riding a tricycle than encounter a situation where gunplay (from you, not the police) occurs.
for your hero world-saving fantasies why don’t you try video games, there you can win, be a big bad hero with 12 guns strapped on you, win the beautiful girl, and be elected president of the united states on the Populist ticket of losers (and not kill a bunch of innocent bystanders along the way).
Tony your are FOS. Assault weapons ? Your the one who needs education, stop parroting the agenda of your Anti American liberal media. Gun registration? Another BS claim by your left wing frauds. Everyone , EVERYONE has to go through FFL to get a gun, and don’t ramble about Gun shows because that is less then 2.7% of all sales. Nothing you say Tony qualifies as intelligent or honest. That fact you say machine guns amplifies your ignorance. You definitely have never served your country, and saying you own guns like your some sort of experienced person with a firearm is definitely suspect as well. Tony, it’s obvious you walk around with a re-elect AOC shirt on regularly.
Tony is representative of what democrats have become. Open boarders sure , but they don’t want them to invade their neighborhoods or gated communities so the crime rates jump and property values drop. Gun laws sure , but completely ignore the current laws, and the fact that the inner cities controlled by Dems are shit holes that would completely crumble without bailouts paid for by the rest of us. Tony you and the Dems should all be forced to live in a sanctuary city and not be allowed to have a Gun. Try that for a while. Leave the rest of us who believe in personal responsibility alone.
I agree with you.after being on this list for quite a while i have learned the low mentality and level off EDUCATION that is evident.
Anytime i hear one using the word “patriot” i know they are robotic, blind led with a big ring in their nose because they don’t have the equipment to truly understand some of the Peres they use. For examples their ide of a patriot is one who Agrees with their point of views, if one oppose it they are Traitors. Sorry, geniuses unbound this is not the way democracy exists, nor how words are used.
Read and learn what Socialism really is – the politicians that use it are IGNORANT, Biden is NOT a Socialist, he and others may promote some “socialist” policies, but This country has ALWAYS had socialist policies – you idiots that mouth off are so freakin stupid you don’t even know what comes out of the mouth of yours.
Also, you DON’T have unlimited “Rights\” as some seem to spout all tighter time – the institution DOESN’T guarantee you the right o do whatever the hell you want – wake up, try to actually use your brain for a change other than thinking about the new gun you’re gonna get or if your football team is going to win – who gives a shit?
The genius Bill above rambles on like a typical under educated person with his illogical, ignorant lack of understanding…your ignorance is indeed used against YOU…and what in the world are you babbling about “good given” rights, etc. -are you nuts or just plain stupid?
We almost lost democracy with that hateful wanna-be authoritarian leader and traitor, and the incredibly ignorant followers in the Senate – its plain scary for people as hateful, arrogant self-serving as this trying to provide for the good of all – as the Constitution Does state.
Geniuses out there, before you make these incredibly ignorant statements that show you don’t have the slightest clue about that which you are shouting – Try READING the Constitution or the Declaration, etc before making asinine incorrect generalizations, HALF-TRUTHS and just plain wrong conclusions and statements you learned from those ridiculous liars on Fox – gawd what a crew of pathetic loser all of them are. Most lost their jobs elsewhere so they wound up in the toilet off Fox, where they could state their lies to ignorant people who follow them like dogs on a sled…bow wow, don’t forget to take your leash when you go out!
About time someone with a brain wrote something here countering the truly ignorant and uneducated folk that say the most outrageous things, yeah like the idiots on Trump TV Fox. I agree, their constant use of “patriots,” “democracy,” “socialism” are cattle calls to the very stupid people that hear that, rebroadcast the absurdity. They are not what they preach since they don’t even understand the true scholarly (not street) definition of these Concepts. They use “socialism” constantly, especially the liars on Fox Incorrectly and with 25% truth, knowing the Trump Neanderthals won’t know the difference anyway, and will go about like my parrot repeating what they hear (though my parrot undoubtedly has a higher intellect then the people I have seen interviewed on the, or the Trump Insurrectionists in DC.
So many that have been minimally educated but think they know everything, hold stubborn and ridiculous opinions that are countermanded, and shown to be absurd, by most every source. How can ignorance be better shown then these people that spout the “Big Lie” over and over against ALLK evidence (both Dem and Repb) Its unbelievable that people can hold to this mind set, they are just too stupid to pay attention to, plain and simple.
Do us no harm, go fondle your guns, at least those you are allowed to have, nobody needs fully Quito weapons, grenade launchers, flamethrowers. You big heroes, tough talkers who are going to protect their family with blazing guns or stop robberies, our take Dolan a mugger – what crap, do any of your rocket scientists realize the percentage of times this actually happens; you have a better chance of being invited to lunch by an aliens from Jupiter. If you’re so gun happy quit your bs while you drive your old beater, join the military and you can walk the walk.
Tony
To sum it up Quickly your a brain Dead Idiot! I can only guess that your a liberal agitator on this site to stir the S hit pot. I have over 25 years in Law enforcement. I’ve never been threatened by anyone with CCW permit. I’m also a big boy there never a cop around when you need one. It why I carry a gun. I own assault style weapons since I learned to shoot and enjoy them in the military. I’m he problem has never been the gun, it’s a tool like a hammer. The problem is the man behind the tool. The government that insists on disarming it people is a government that is not to be trusted . There a more examples than just the 1930s German takeover. One man and one party helped to launch a war that killed in excess of 40 million world wide . I believe my number may be low . Stalin another 50-70 million. None had guns to resist when their government came for them. I’ll take a hard pass. If you don’t like it feel free to get the $$$$ out
If you want your arguments to be taken seriously at all, at least spell-check and proofread your comments. If it is beyond your intellect to write an intelligent comment, then you can resort to dismissing “grammar Nazis”, though you still won’t be taken seriously. After trying to read all the sloppy, misspelled and unintelligible comments on here, I wonder what many of you are even trying to say. Seriously, confusing the meanings and spelling of “are” and “our” — more than once? That borders on mental retardation. And there are a lot of other examples.
I agree. Hard to take someone seriously if they can’t even spell.
You, sir, are an assinine, insepid, fool, comrade!
Nowhere in this article did it mention a very divisive action by SCOTUS. It REWROTE the petitioner’s request from, “the right of the people to carry a firearm outside the home” TO… “forcing the state to issue CCW permits in a shall-issue rather than a may-issue manner.” A VAST DIFFERENCE! It leaves all the power with the state, not what the 2A said. Add to this the three Trump-appointed justices have already betrayed us. Our only solid justices are Thomas and Alito. We’re screwed.
Yup. Nothing will change imo. Constitutional Carry is what’s needed.
We already have that, it’s the 2nd amendment. Now the numbnuts on the SCOUS just need to figure it out!
I wonder if anyone has read the case? The S. Ct. told them to narrow their argument. What does this mean in terms of the RKBA?
The first thing it tells me is that your rights are not absolute, or in terms of our first law, “unalienable”.
The second thing it tells me is that the court is signaling that there will be no victory here whether it sounds like one or not. Same as Heller. While everyone believes it was a victory, it obviously did not stop any gun control measures.
The third thing it tells me is that the court has no intention of upholding precedent from Miller or Miranda. What is even more disturbing is that so-called pro-2nd group that brought the case is ignoring those cases which establish that the public must be armed in order to fulfill the duty commanded by the original Constitution, and that the court will do everything it can to diminish the RKBA.
I look at those eyes and see a screaming crazy lefty
I’m not sure I’d count on a “good” ruling.
Remember Scalia’s weasel words in Heller, and that was “just to own a gun at home”.
DC’s “get a license that takes forever” is still the law.
I would like the complainant to add a decision on any permit, taxes, or fees to CCW. We will see how strong the “shall not be infringed” clause slaps down all these state laws.
if the court rules against may-issue regimes, look for new york, california and the rest to respond with onerous administrative rules: your permit will cost a thousand bucks, you’ll have to renew every year, you’ll have to buy liability insurance, the training requirement will be jacked up to hundreds of hours, the slightest paperwork stumble will result in crushing fines, jail time or loss of rights. meanwhile, the ruling will lend new energy to broad restrictive efforts like a ban on semiautos, a push for ‘smart guns’ and the like.
Now that the Dumbcraps have figured out they can suspend your Constitutional rights due to a public health crisis, the China Flue, how long do you think it will take for them to apply that to firearms? Even if the Supreme Court rules in favor of the right granted by the US Constitution, they will simply call it health crisis and suspend the right.
Unfortunately I cannot trust ANY of the three new justices leaving Thomas, Alito, and Gorsuch hanging. This college clique has been feckless from their first days and the threat of court packing would leave them irrelevant. Sadly, I expect them to roll over with a flaccid interpretation limiting people to home protection only since people can always ‘rely on the police if needed’…and that’s worked just great in the new ‘Mad-Max’ world we have.
There are a number of justices that take a hard left when they ascend to the SC. Sandra Day O’Conner (sp?) would be one example. The late Ginsberg was a more recent lefty that seems to have prided herself in changing the legal orientation of fellow SC members.
2nd amendment rights are terribly important! Many countries have many graves full of people who said that couldn’t happen in their country!
We’ve been disappointed before with rulings that aren’t as strong as we anticipated. Also, the 9th Circus just ruled that there’s no right to carry arms outside the home. This will be an important decision and it MUST be STRONGLY WORDED so there’s no “wiggle room” or smidgen of doubt as there was with Scalia’s writings.
Many times more bad guys with a gun are stopped dally by good guys with a gun. This is a fact according to the FBI . Of course you will never hear that reported by the fake mainstream media. If a politician is not doing something against there citizens, they should not have anything to fear from the people they represent. I for one will always defend myself, my family, my neighbors and my country from tyranny, oppression ,and life threatening danger.
What was the decision on the FOID cort in Illinois
They just need to worry about padimic and and catch up with are world adversary because they are building up their army strength and we have a dam president who more worry about taking away American second amendment rights. And he should wack up and look at China 🇨🇳army growing and Russian army as they are still invading small countries..Mr president leave are second amendment rights alone