Source: The Federalist | Repost IRGO 6/24/2022 –
Yesterday, in a 6-3 decision, the U.S. Supreme Court held in New York State Rifle and Pistol Association, Inc. v. Bruen that “may issue” gun licensing that allows state officials to deny law-abiding citizens a right to possess a gun for self-defense violate the Second Amendment.
The holding came in the context of a challenge to a New York statute that prohibited individuals from carrying concealed handguns unless they “demonstrate[d] a special need for self-protection distinguishable from that of the general community.”
Beyond that holding, the Supreme Court opinion authorized by Justice Clarence Thomas proves significant for six reasons. Here are the key takeaways.
1. May-Issue Gun Licensing Regimes Violate the Second Amendment
In New York State Rifle and Pistol Association, Inc. v. Bruen, two New Yorkers, Brandon Koch and Robert Nash, along with the New York State Rifle and Pistol Association, Inc., sued the superintendent of New York State Police. They challenged the state’s statute that requires a person wishing to carry a firearm outside his home or business for self-defense to obtain a license to carry a concealed weapon. Under the statute, to obtain such a license, the applicant must prove “proper cause exists” for the government to issue the license.
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