In a 6-3 ruling, the Supreme Court reversed and remanded New York’s “may issue” law – affirming the individual right to carry a firearm in public
Washington, D.C. – This morning, the Supreme Court struck down New York State’s “may-issue” carry restriction ruling in favor of the Second Amendment rights of law-abiding Americans. New York had previously required concealed carry applicants to prove a “special need” beyond basic self-defense in order to obtain a concealed carry license.
The Supreme Court overturned this requirement, reinforcing the Constitutional right to carry in public. The Court also rejected “intermediate scrutiny” approach favored by the appellate courts and established that the standard for applying the Second Amendment is the text, history, and tradition of the right to keep and bear arms.
“This a massive victory for the Second Amendment and the rights of law-abiding gun owners everywhere,” said Dudley Brown, President of the National Association for Gun Rights. “The Second Amendment is an individual right, and no law-abiding gun owner should be denied the right to carry a firearm for personal protection while in public – and thankfully the Court has now affirmed it.”
Speaking on behalf of the majority in New York State Rifle and Pistol Association v. Bruen – the first major gun case the Supreme Court has taken in over a decade – Justice Thomas said:
“The Court has little difficulty concluding also that the plain text of the Second Amendment protects Koch’s and Nash’s proposed course of conduct—carrying handguns publicly for self-defense. Nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms, and the definition of “bear” naturally encompasses public carry. Moreover, the Second Amendment guarantees an “individual right to possess and carry weapons in case of confrontation,” id., at 592, and confrontation can surely take place outside the home.”
“In turn, today’s ruling overturns similar laws in six other states: California, Connecticut, Delaware, Hawaii, Maryland, and Massachusetts,” said Hannah Hill, Research and Policy Director for The National Foundation for Gun Rights – the legal arm of the National Association for Gun Rights. “The Foundation will be doing everything in its power to help restore the right to carry for law-abiding Americans in these states, and we’re eager to work with our members who’ve had their rights denied for far too long.”
The National Foundation for Gun Rights filed an amicus brief in the Bruen case arguing in favor of restoring the right to carry. That amicus brief can be viewed here.
“At the state level, our mission has been laser focused on passing Constitutional Carry and restoring gun rights. With this pro-gun ruling from the Court, we are now better equipped to engage our members to lobby their elected officials and demand that they stop restricting the right to keep and bear arms.” concluded Brown.
The National Association for Gun Rights is the nation’s largest “no compromise” pro-gun organization, with 4.5 million members nationwide.