July 22nd, 2021

Important Second Amendment Case Before U.S. Supreme Court

Supreme court second amendment right carry law challenge case New York pistol associationU.S. Supreme Court building, photo by Joe Ravi CC-BY-SA 3.0.

A major Second Amendment case is now before the U.S. Supreme Court (SCOTUS). At issue are restrictive New York State gun control laws which make it virtually impossible to carry handguns in some New York cities. This case, officially New York State Rifle & Pistol Association, Inc. v. Bruen, could be the most important gun rights case in the last decade. With its decision, the Supreme Court could establish once and for all that there is an individual right to self-defense outside of the home.

Dave Workman, posting on Ammoland.com, explains: “The case, which was accepted for review by the high court in the upcoming term that begins in October, challenges New York’s restrictive requirement that anyone applying for a permit to carry a handgun outside the home must provide a ‘proper cause’ for wanting to carry a firearm for personal protection. This authority is all-too-often used to deny applicants their right to bear arms under the Second Amendment”. Along with the plaintiff New York State Rifle & Pistol Assn. (NYSRPA), the restrictive laws are being challenged by the Citizens Committee to Keep and Bear Arms (CCKRBA) and the Second Amendment Foundation (SAF).

“A right limited to someone’s home… is no right at all, and the court now has an opportunity to make that abundantly clear, settling an important constitutional issue once and for all.” — Alan Gottlieb, SAF

In addition to ruling on the restrictive NY laws, this case will give the High Court the opportunity to clarify Second Amendment legal precedents. It has been over a decade since the Supreme Court ruled that the Second Amendment protects an individual right to have a handgun in the home for self-defense in District of Columbia v. Heller. In 2010, the Court also ruled that the Second Amendment is a fundamental right that applies to the states in McDonald v. City of Chicago.

Case is Very Important for Second Amendment Rights
The NRA-ILA states: “It is hard to overstate how important this case is. The decision will affect the laws in many states that currently restrict carrying a firearm outside of the home. NRA-ILA is working hard to defend your constitutional rights and is prepared to argue this case in order to protect the rights of Americans everywhere.”

This could be the most important Second Amendment decision since D.C. v. Heller. The Supreme Court has not decided a major Second Amendment cast for over a decade. The make-up of the Court has changed, and this could result is a far-reaching decision that would impact multiple states.

Dave Workman explained: “It has been more than ten years since the Supreme Court hear a Second Amendment case. The court has declined to review several good gun rights cases, but that was before the SCOTUS majority shifted, with … three appointments by former President Donald Trump[.] If the court rules against New York, it will open the floodgates for similar challenges of laws in New Jersey, Maryland and … other states where citizens must provide a ‘good cause’ to exercise their constitutional rights.”

SAF Founder Alan Gottlieb stated that “so-called ‘proper cause’ requirements are routinely used to deny law-abiding citizens the ability to carrying firearms for personal protection outside their homes. Such laws are arbitrary in nature and they place an absurd level of authority in the hands of local officials and their subordinates to deny citizens their constitutional right to bear arms.”

New York NRA concealed carry supreme court case
The U.S. Supreme Court will hear NRA-backed case about New York state’s concealed carry laws.

Gottlieb added: “The Second Amendment should no longer be treated like the ugly stepchild of the Bill of Rights. Its language is clear, that the amendment protects not only the right of the individual citizen to keep arms, but to bear them, and that right extends beyond the confines of one’s home. A right limited to someone’s home is no right at all, and the court now has an opportunity to make that abundantly clear, settling an important constitutional issue once and for all.”

Two national gun rights organizations — the Second Amendment Foundation and the Citizens Committee for the Right to Keep and Bear Arms — have filed amicus briefs in support of the NYSRPA’s challenge to New York’s ultra-restrictive carry laws. You can read the text of the briefs below. For easier reading, ZOOM IN via the PLUS SYMBOL below each entry, or click the FULL PAGE icon (ARROW symbol at extreme right).

Amicus Briefs Filed by CCKRBA and SAF (Click + to Zoom)

CCRKBA SCOTUS Amicus Brief by Duncan

SAF SCOTUS Amicus Brief by Duncan


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