Moreover, Thomas' opinion involved a significant shift in jurisprudence on gun control, as opposed to earlier rulings, and one that could have substantive implications for state gun licensing and gun control laws around the country. And it is not how the Second Amendment works when it comes to public carry for self-defense. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. In a majority opinion, Justice Clarence Thomas wrote: Supreme Court voted 6-3 to overturn lower court rulings that supported the rejection of the license applications, and also declared the proper cause requirement unconstitutional. Their applications were rejected, but they appealed until the case reached the highest court in the country - arguing that the "proper cause" requirement in New York state law was unconstitutional in that it violated their 2nd- and 14th-Amendment right to bear arms. In their license applications, the two men explained that their motivation was a generic desire for self-defense. State courts have further stipulated that proper cause requires "a special need for self-protection distinguishable from that of the general community." The case revolved around two New York state residents who had unsuccessfully applied for a unrestricted license to own and carry a firearm in public, based on the "proper cause" requirement of state law.Ĭhapter 40, Part 4, Article 400 of New York's penal laws stipulates that state officials can only give an unrestricted license to applicants who can show that "proper cause exists" for having one. (Photo by Leigh Vogel/Getty Images for Giffords Law Center) Bruen: What Did the Court Say, and What Might it Mean for Gun Control in America?Īalayah Eastmond speaks as gun violence survivors gather in front of the Supreme Court ahead of oral argument in NYSRPA v. So where does all this leave America's seemingly never-ending gun debate? The following is our breakdown of the policy disputes to look out for in the coming months. Supreme Court also overturned New York state's "proper cause" requirement for obtaining a firearms license, in a ruling that could have far-reaching consequences for other gun control laws. Congress in decades - a bill that offers financial incentives to states to pass their own "red flag" laws, which allow the court-ordered removal of firearms from individuals deemed to be a threat to others or themselves. President Joe Biden signed into law the first piece of gun control legislation passed by the U.S. The horror of those attacks provoked an outpouring of anger and, in some quarters, a determination to effect policy changes in the notoriously slow-moving arena of gun violence. As the second half of 2022 began to unfold, gun violence and gun control once again moved center stage, along with abortion, in American politics.Ī series of particularly devastating shooting massacres took place during the summer, including an attack on Robb Elementary School in Uvalde, Texas, in which an 18-year-old assailant shot dead 19 school children and two teachers.
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