The Supreme Court struck down a New York City law restricting the use of guns in public, ruling that the Second Amendment provides the right to carry a firearm outside the home.
In a 6-3 ruling Thursday morning, the Supreme Court broadened its interpretation of the Second Amendment, which protects the right to own and bear arms. The decision will make it harder for states to restrict guns outside the home.
New York law requires people seeking a license to carry handguns to show “proper reason” to have them outside of their homes.
“Because New York State only issues public carry licenses when an applicant demonstrates a special need for self-defense, we conclude that the state’s licensing system is unconstitutional,” Judge Clarence Thomas wrote for the Conservative majority of the court with 6:3.
The three liberal judges disagreed.
Thursday’s ruling is the court’s second major decision related to the Second Amendment. In its landmark 2008 decision, the court first found that the amendment protects a person’s right to own firearms. However, this ruling was limited to keeping guns at home for the purpose of self-defense.
The new ruling applies the change beyond the confines of the home and settles the issue that the court had denied for years.
In addition to New York, the states of California, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island have similar laws restricting guns in public, the case said.
In an opinion that agrees with Thomas, Judge Brett Kavanaugh wrote that the New York law “is problematic because it allows licensing officers unlimited discretion and only authorizes licenses for those applicants who can demonstrate special needs beyond self-defense.” The law essentially denies citizens the right to carry a firearm for self-defense, he wrote.
The ruling does not prevent states from imposing licensing requirements for carrying weapons in self-defense, including background checks, fingerprinting and mental health screening, Kavanaugh said.
In a dissent written for the court’s Liberals, Judge Stephen Breyer said the court’s approach to the New York law “fails to properly identify and analyze the relevant historical facts.”
“Only by ignoring a wealth of historical evidence supporting regulations restricting the public transportation of firearms can the court conclude that New York law is not “consistent with the nation’s historical tradition of firearm regulation,” wrote Breyer
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https://metro.co.uk/2022/06/23/supreme-court-second-amendment-provides-right-to-carry-guns-in-public-16880815/ Supreme Court: Second Amendment provides right to bear arms in public