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SCOTUS strikes down gun law in NYC,...

SCOTUS strikes down gun law in NYC, setting precedent for interpretation of Second Amendment

By: Sarah Ulmer - June 23, 2022

The New York law would have required cause to carry a concealed handgun outside the home.

In a 6-3 vote, the Supreme Court of the United States struck down a New York law that would have required “proper cause” to carry a firearm outside of a persons dwelling.

Individuals in New York could only apply for a concealed carry license, which would allow them to carry outside of their home, if they could show there is a necessary reason to do so, specifically “demonstrate a special need for self-protection distinguishable form that of the general community.”

The individuals who filed the suit applied for licenses based on their interest in self-defense, which the state of New York said was not “proper cause.”

The majority opinion of the Court was written by Justice Clarence Thomas and sites the Second and Fourteenth Amendments that protect the right of “ordinary, law-abiding citizen to posses a handgun in the home for self-defense. In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense.”

The statement reads:

“We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individuals right to carry a handgun for self-defense outside the home.” 

Mississippi, which is an open carry state, largely supports Second Amendment rights for those who wish to own a firearm within the bounds of the law.

Attorney General Lynn Fitch

Attorney General Lynn Fitch has joined efforts with other AG’s to continue to defend the ability to do so.

In 2021, Fitch joined a coalition of 23 AG’s in an amicus brief on the merits of this particular case. In the brief, they noted that the widespread adoption of judge-made, interest-balancing tests has introduced incoherency into the jurisprudence of the Second Amendment and undermined the liberty that it guarantees.

“Today’s opinion is a victory for law-abiding gun owners and for the Second Amendment. The Justices have clarified the standards that lower courts should use in addressing laws that come into conflict with the Second Amendment. As Justice Thomas wrote in the majority opinion, prior precedents are clear that the Second Amendment is itself the product of a balancing of interests. When courts engage in additional balancing tests, they risk elevating their own evolving views or the views of the Legislature above the Constitutionally protected rights of the people,” said Attorney General Fitch. “Particularly now, with crime at record highs in many parts of the country, the people have an understandable interest in self-defense, and New York’s law denied them the ability to protect themselves from harm. The Court’s thorough opinion today should help law-abiding gun owners to better enjoy their personal safety, security, and peace of mind.”

Governor Tate Reeves also applauded the court’s decision.

“Exercising Second Amendment rights should not require demonstrating “proper cause” to the government. The right to defend ourselves and our families is inherent in our Constitution. The Court got it right today,” said Lt. Governor Delbert Hosemann.

The ruling by SCOTUS sets a precedent regarding the intent of the Second Amendment and the rights of Americans to own guns.

Read the ruling: 

20-843_7j80 by yallpolitics on Scribd

About the Author(s)
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Sarah Ulmer

Sarah is a Mississippi native, born and raised in Madison. She is a graduate of Mississippi State University, where she studied Communications, with an emphasis in Broadcasting and Journalism. Sarah’s experience spans multiple mediums, including extensive videography with both at home and overseas, broadcasting daily news, and hosting a live radio show. In 2017, Sarah became a member of the Capitol Press Corp in Mississippi and has faithfully covered the decisions being made by leaders on some of the most important issues facing our state. Email Sarah: