ALERT US Supreme Court Opinion Issuance Day - Thursday, June 23, 2022

thompson

Certa Bonum Certamen
NBC News has broken in and Pete Williams is reporting, unfortunately, for one of the last times as he is retiring at the end of this term.

Mark Walsh
 

thompson

Certa Bonum Certamen
The Thomas opinion indicates that it is "settled" that places like polling places and courthouses "were 'sensitive places' where arms carrying could be prohibited consistent with the Second Amendment." And courts can analogize to simliar sensitive places, he adds.
 

thompson

Certa Bonum Certamen
"None of the historical limitations on the right to bear arms approach New York's proper-cause requirement because none operated to prevent law-abiding citizens with ordinary self-defense needs from carrying arms in public for that purpose."
 

Red Baron

Paleo-Conservative
_______________
Isn't Bruen decision a good one, as in support of 2A, or did I miss read it?

SUPREME COURT

Published June 23, 2022 10:31am EDT
Supreme Court shoots down NY rule that set high bar for concealed handgun licenses
The court ruled in its first major gun case in more than a decade

By Ronn Blitzer | Fox News

The Supreme Court Thursday ruled 6-3 that New York’s regulations that made it difficult to obtain a license to carry a concealed handgun were unconstitutionally restrictive, and that it should be easier to obtain such a license.

The existing standard required an applicant to show "proper cause" for seeking a license, and allowed New York officials to exercise discretion in determining whether a person has shown a good enough reason for needing to carry a firearm. Stating that one wished to protect themselves or their property was not enough.

"In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home," Justice Clarence Thomas wrote in the Court's opinion. "Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution."


The case, New York State Rifle & Pistol Association, Inc. v. Bruen, was the first major gun rights case before the Supreme Court in more than a decade.

During oral arguments it seemed likely that the court's conservative justices would rule against the state.

"Why isn’t it good enough to say I live in a violent area and I want to defend myself?" Justice Brett Kavanaugh asked.

Gun control reform being discussed in the House and Senate: Hasnie Video

In an exchange with Justice Samuel Alito, New York Solicitor General Barbara Underwood recognized that if an applicant stated that the leave work late at night and have to walk from a subway station through a high-crime neighborhood to get home, that person would be denied because they did not cite a specific threat.

"How is that consistent with the core right to self-defense?" Alito asked, stating that this is at the core of the Second Amendment.

Conservatives did indicate that it would be reasonable to have limits on where one could bring a concealed firearm.

This is a developing story. Check back for more details.

Supreme Court shoots down NY rule that set high bar for concealed handgun licenses | Fox News
 

thompson

Certa Bonum Certamen
In a concurring opinion joined by the chief, Justice Kavanaugh writes that today's ruling "does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense." "In particular," he says, "the Court's decision does not affect the existing licensing regimes--known as 'shall-issue' regimes-- that are employed in 43 states."
 

thompson

Certa Bonum Certamen
The states, including New York, that had used proper cause requirements "may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall-issue States."
 

CaryC

Has No Life - Lives on TB
Fox was back streaming goodly, so was listening there, and the commentators were saying the justices were saying that the 2nd Amendment was being treated as a second class amendment, and this ruling put it back on an equal footing.

The meaning was the NY had this law in place that you had to prove you needed a gun outside the home, and the bill of rights is the bill of rights where ever you are.
 

thompson

Certa Bonum Certamen
"The primary difference between the Court's view and mine is that I believe the [Second] Amendment allows States to take account of the serious problems posed by gun violence that I have just described. I fear that the Court's interpretation ignores these significant dangers and leaves States without the ability to address them."

AH
 

CaryC

Has No Life - Lives on TB
Breyer criticizes the majority opinion for deciding the case "without discussing the nature or severity" of gun violence.

:rolleyes:
Odd that he would say that because that was NOT in the case. Only if someone had a Constitutional Right to carry outside the home without proving a need for it.
 

thompson

Certa Bonum Certamen
My comment: I'm going to see if any of the other SCOTUSblog staff have any more comments but will probably sign off soon if they don't
 

20Gauge

TB Fanatic
The states, including New York, that had used proper cause requirements "may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall-issue States."
Yes, so what will happen in NY is as follows:

They will make it a shall issue, but in effect it will be a never issue unless you are important.

How?

Like DC, you need x number of hours in a NY State approved location, but they will never approve any locations for training.

Like DC, you will submit the application and it will be rejected for "errors". Failed to spell you name fully at any point, rejected, Please start again. By the way, you need to pay the fee again.

Like DC. make the fee too high for the average person.

It is not even close. This is a great win, but it is only a small battle.
 

thompson

Certa Bonum Certamen
Just to reiterate: We are now finished for the day in terms of opinion releases. The justices issued four opinions today, leaving nine still to be decided. The justices will release more opinions tomorrow. We don't know which ones or how many, but I would guess that it will be fewer than nine, setting the stage for more opinion days next week. We could know today whether and when the opinion days next week will be. Take care, everyone, and have a good day!

Amy Howe
 
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