The Supreme Court (SC) decided on Thursday that carrying a gun outside the home is protected by the Constitution.
The New York legislation governing permits to carry concealed handguns in public for self-defense was the subject of the case, New York State Rifle & Pistol Association v. Bruen.
A citizen has to show “proper reason” for the permit and receive a license to carry a concealed firearm or revolver. Residents are required to demonstrate both a serious need for the license and a “special or unique danger to their life.”
The 6-3 decision was the court’s second significant decision on the right to “keep and bear arms.”
Justice Clarence Thomas authored the 6-3 majority opinion for the court and said, “Because the State of New York issues public-carry licenses only when an applicant proves a unique need for self-defense, we conclude that the State’s licensing regime violates the Constitution.”
Thomas asserted that moving ahead, the government “may not simply posit that the rule supports and essential interest,” and that instead, judges must consider the language and history of a statute when determining whether it is valid.
Thomas added that a “court may decide that the individual’s conduct falls beyond the Second Amendment’s unqualified command only if a handgun control is consistent with this Nation’s historical tradition.”
In a landmark 2008 decision, the court said for the first time that the amendment safeguards a person’s right to possess firearms, though the decision was limited to keeping guns at home for self-defense.
Justice Stephen Breyer noticed the recent spike in gun violence and stated that the court should address it.
Breyer listed several recent shootings, including the tragedy at the Buffalo grocery store earlier this year.
According to Breyer, the decision on Thursday “severely burdens States’ efforts” to reduce gun violence.
The conservative justices also disregarded objections expressed by supporters of New York’s gun control legislation over how the legislation limited the carrying of firearms in sensitive areas.
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