Thursday, June 23, 2022

Supreme Court says that New York had gone way overboard in encroaching 2nd Amendment individual gun rights as citizens under the U.S. Constitution


The NYS "Sullivan Law"  ---  and almost 100 years of consistent court cases sustaining it in the NYS and federal courts has been knocked into a cocked hat


Anti-gun advocates, and Democrats generally, are shocked by the U.S. Supreme Court's 6-3 decision striking down the New York State law limiting access to concealed carry permits


The Supreme Court struck down the New York State gun law regulating concealed carry in one of the biggest gun rights cases ever.....  This was a very closely-watched case that addressed whether New York state's concealed carry law violates the Second Amendment..... New York State Rifle & Pistol Asso­ci­ation Inc. v Bruen  is the most significant case regarding  Second Amendment rights, since the U.S. Supreme Court affirmed the right to bear arms with its 2010 decision that had found Chicago, Illinois' nearly 30-year ban on handgun ownership unconstitutional.

New York had been one of eight states, as well as the District of Columbia, that have restrictive so-called "may issue" concealed carry laws. In those jurisdictions, a law abiding citizen may be denied a permit if, for instance like New York, they did demonstrate a strong reason or need to carry a weapon in public.

In addition, there are seventeen "shall issue" states, wherein the issuance of concealed carry permits occur with little to no discretion to those who meet basic qualifications. The remaining 25 states generally allow people to carry concealed weapons in most public spaces without a permit.

It's almost a certainty that this opinion will generate further litigation for any state or federal laws that are restrictive of basic 2nd Amendment gun rights. Similar laws in other states, to the one in New York decided in the instant "Bruen" case, will likely be challenged; and there are other Second Amendment cases in the pipeline that are seeking Supreme Court review of other types of restrictive gun laws, both state and federal.

It's almost a certainty that this opinion will generate further litigation.

1 comment:

Galewyn Massey said...

UPDATE & BACKFILL: THE "JUSTIN BRANNAN IS JOHNNY-ON-THE-SPOT TO FIX NY'S UNCONSTITUTIONAL GUN LAWS" EDITION

HERE'S WHAT JUSTIN HAD TO SAY ABOUT IT:

"Justin Brannan@JustinBrannan... Public safety must always be our #1 priority. My
@NYCCouncil colleagues and I wasted no time responding to the dangerous #SCOTUS #Bruen decision to reverse a 1911 handgun law by announcing our plans to pass a bill that would significantly expand the list of NYC gun-free zones... [2 pix] 10:10 PM · Jun 23, 2022·Twitter Web App"