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Supreme Court strikes down New York gun law on Second Amendment grounds

admin by admin
June 24, 2022
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Supreme Court strikes down New York gun law on Second Amendment grounds
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On Thursday, the Supreme Court revoked New York state law requiring applicants to have “just cause” permission to take guns out of the house, alleging that they violated Article 2 of the US Constitutional Amendment.

The 6-3 ruling in this case was a major victory for gun advocates who challenged New York’s restrictive law, making it a crime to carry hidden firearms without a license.

It also represents the greatest expansion of the Supreme Court’s gun rights over a decade, questioning the laws of eight other states and the District of Columbia that limit concealment permits in a manner similar to Newyork. I am.

Six conservative judges in the Supreme Court voted to invalidate the law that has existed since 1911. Judge Clarence Thomas wrote the majority opinion on this case. New York State Rifle & Pistol Association Inc.v. Known as Bruen..

Three liberals in court voted to uphold the law. Judge Stephen Breyer challenged the decision.

On Monday, December 2, 2019, police officers from the US Supreme Court are standing outside the Supreme Court in Washington, DC, in front of demonstrators demonstrating gun rights.

Andrew Haller | Bloomberg | Getty Images

Thomas, in the majority opinion, writes that New York law violates the Fourteenth Amendment to the Constitution. It states that citizens have the right to equal protection under the law. “Right to arm” approved by Article 2 of the Constitutional Amendment.

The ruling came weeks after the shootings at a grocery store in Buffalo, New York, and at an elementary school in Yuvalde, Texas, rekindled national debate over US gun control.

Democratic elected officials immediately condemned Thursday’s decision, saying they would jeopardize public safety.

president Joe Biden He said he was “extremely disappointed” with the ruling, which claimed that it was “contradictory to both common sense and the Constitution and should bother us all deeply.”

Biden quoted “the horrific attacks in Buffalo and Yuvalde” and urged the state to pass “common sense” gun control “to make civilians and communities safer from gun violence.”

“This decision is not only reckless, but also condemned,” said New York Governor Kathy Hokul.

“Because the federal government does not have a drastic law to protect us, our state and governor have a moral responsibility to do what we can and for what is happening,” Hochul said. It has a law that protects its citizens. A gun culture that has owned everyone down to the Supreme Court. “

“This decision has made each of us less secure from gun violence,” said Mayor Eric Adams of New York City.

The proceeding was filed by the New York Rifle & Pistol Association and two of its members, Robert Nash and Brandonkoch. Their application for a hidden pistol license for self-defense was rejected.

Judge Richard McNally of the New York Supreme Court ruled that neither man provided a valid reason to carry a gun in public because they could not prove that they had a special need for self-defense. ..

Plaintiffs then challenged the denial in federal court in New York. They violate Article 2 of the Constitutional Amendment, which governs hidden carry-on licenses that only allow applicants with a “moral character” to carry guns out of the house for “just cause”. Insisted.

After a federal judge in New York dismissed the case, the United States Court of Appeals for the Second Circuit upheld the ruling. The US Supreme Court subsequently filed a proceeding.

In his majority opinion, Thomas wrote that the requirement for justification in New York was inconsistent with the “history of national firearms regulation,” as interpreted by the state courts.

“The state may not prevent law-abiding citizens from carrying their pistols publicly, because they do not show a special need for self-defense,” Thomas wrote.

However, in his dissenting opinion, Breyer said, “Only by ignoring the abundant historical evidence that supports regulations that limit the public transport of firearms, New York law is in line with the historical tradition of national firearms regulation. I can conclude that I haven’t. “

“Many states are at risk of gun violence by passing legislation that restricts people who may buy, carry, or use different types of firearms in different ways,” Breyer said. I tried to deal with it. “

“Today’s courts are putting a serious burden on the state’s efforts to do so.”

-Additional reports by CNBC Amanda Mathias

Tags: AmendmentAmendment Article 14AmericaBreaking News: PoliticsBusiness newsCourtCourt decisionEric L. AdamsgroundsgunGun controlGun politicsHuman rights and freedom of citizensJoe Bidenlawnew yorkpoliticsSecond amendment rightSocial issuesstrikesSupremesupreme courtUnited States ConstitutionUS Supreme CourtweatherYork
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