U.S. Supreme Court Strikes Down NY Law Restricting Concealed Carry – Justice Thomas “2nd Amendment Not A Second Class Right”

In a landmark case Thursday, June 23, 2022, the U.S. Supreme Court ruled (6-3) in NYSRPA v. Bruen in favor of Gun Owner rights and more clearly defines 2nd Amendment Rights.

Justice Thomas noted in his opinion: ” The constitutional right to bear arms in public for self defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”

The NRA released the following statement:

The National Rifle Association (NRA) welcomes the Supreme Court’s decision in NYSRPA v. Bruen. The Court affirmed that the right to bear arms does not stop at a person’s front door. This is the most significant Second Amendment ruling in more than a decade.

“This is another landmark win for constitutional freedom and the NRA,” says Wayne LaPierre, executive vice president of the NRA. “The decision comes at an important time – as the Senate considers legislation that undermines Second Amendment freedom. This decision unequivocally validates the position of the NRA and should put lawmakers on notice: no law should be passed that impinges this individual freedom. It also confronts a troubling problem with the Senate legislation – underscoring that these freedoms should not be left to “unguided” discretion of state and federal officials. Second Amendment freedoms belong to the people.”

LaPierre adds, “Decades of Right-to-Carry laws all across America have proven that good men and women are not the problem. This ruling will bring life-saving justice to law-abiding Americans who have lived under unconstitutional restrictions all across our country, particularly in cities and states with revolving door criminal justice systems, no cash bail and increased opposition to law-enforcement.”

The NRA has been focused on promoting “shall-issue” protocols and eliminating “may-issue” laws since the late 1980s, and before today’s decision, only six states and the District of Columbia still operated under “may-issue” statutes. The Supreme Court’s ruling today marks the end of these subjective, unconstitutional permitting schemes.

“This is a monumental win for NRA members and for gun owners across the country. New York’s egregious law, which left its residents’ self-defense rights to the whim of a government bureaucrat, has been declared unconstitutional and must be changed. New Yorkers will soon be able to defend themselves outside of their homes without first having to prove that they have a sufficient “need” to exercise their fundamental rights,” said Jason Ouimet, executive director, National Rifle Association Institute for Legislative Action (NRA-ILA). “This is more than just a great day for New York because this ruling opens the door to rightly change the law in the seven remaining jurisdictions that still don’t recognize the right to carry a firearm for personal protection. The NRA has been at the forefront of this movement for over 30 years and was proud to bring this successful challenge to New York’s unconstitutional law.”

The case challenged New York’s requirement that applicants for concealed carry licenses demonstrate “proper cause” to carry a firearm outside of their home. New York routinely used this requirement to deny law-abiding citizens the ability to properly protect themselves. New York is one of six states and the District of Columbia that operate under such a “may issue” regime, and the NRA has long fought to abolish this practice in favor of “shall issue” or “constitutional carry” in which law-abiding citizens can exercise their right to carry as long as they meet certain objective criteria.

While the importance of this case cannot be understated and today NRA members enjoy a well-deserved victory, NRA remains committed to continuing this fight. Today’s ruling established the right to carry does not disappear at a person’s front door, but many unconstitutional gun control laws remain in America. The NRA will continue to fight these laws until every law-abiding American can exercise their right to defend themselves and their families with the firearm of their choosing.

In opposition to the Court’s ruling Everytown For Gun Safety  released the following statement:

“Today’s ruling is out of step with the bipartisan majority in Congress that is on the verge of passing significant gun safety legislation, and out of touch with the overwhelming majority of Americans who support gun safety measures,” said John Feinblatt, president of Everytown for Gun Safety. “Let’s be clear: the Supreme Court got this decision wrong, choosing to put our communities in even greater danger with gun violence on the rise across the country.”

“This decision won’t stop our grassroots army from doing what we’ve done for a decade: fighting to keep our families safe,” said Shannon Watts, founder of Moms Demand Action. “Just as we’re breaking the logjam in Congress, we’re going to work day-in, day-out to mitigate the fallout in New York and any other states impacted by this decision and elect gun-sense lawmakers up and down the ballot.”

“The Supreme Court misapplied fundamental constitutional principles in ruling against New York,” said Eric Tirschwell, chief litigation counsel at Everytown Law. “Even so, states can still pass and enforce a wide array of laws to keep public spaces safe from gun violence, and we’re ready to go to court to defend these laws.”

Today’s decision comes as a bipartisan supermajority of the U.S. Senate is poised to pass major gun safety legislation for the first time in 26 years. If enacted, the Bipartisan Safer Communities Act will establish an enhanced background check process for gun buyers under age 21, provide federal funding to implement state Red Flag laws, disarm domestic abusers by addressing the dating partner loophole, and fund community violence intervention programs, among other items.