By Ace Luciano
•
June 23, 2022
From "The Daily Beast".. Full article can be seen HERE. In a majority opinion authored by Justice Clarence Thomas, the Supreme Court has cleared the way for even looser gun laws as the nation continues to reel from near-daily mass shootings that have claimed 312 lives in 2022 alone. Thomas, a President George H. W. Bush nominee, wrote in the 6-3 decision that the Second Amendment protects the right of individuals to carry a gun outside the home. The court struck down New York’s “proper-cause” requirement to obtain a concealed-carry license, saying it “violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.” In concurring, Justice Samuel Alito wrote, “The police cannot disarm every person who acquires a gun for use in criminal activity; nor can they provide bodyguard protection for the State’s nearly 20 million residents or the 8.8 million people who live in New York City. Some of these people live in high-crime neighborhoods. Some must traverse dark and dangerous streets in order to reach their homes after work or other evening activities. Some are members of groups whose members feel especially vulnerable. And some of these people reasonably believe that unless they can brandish or, if necessary, use a handgun in the case of attack, they may be murdered, raped, or suffer some other serious injury.” Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented. “Consider, too, interactions with police officers,” Breyer wrote. “The presence of a gun in the hands of a civilian poses a risk to both officers and civilians.” Breyer pointed out that laws regulating “the public carriage of weapons” in England date back to the 13th century, and existed in North America since “before the founding.” “Similar laws remained on the books through the ratifications of the Second and Fourteenth Amendments through to the present day,” Breyer wrote. “Many of those historical regulations imposed significantly stricter restrictions on public carriage than New York’s licensing requirements do today.” Speaking to reporters after the ruling was handed down, New York Gov. Kathy Hochul vowed to hold the line on gun safety. “We are not powerless to respond to this,” she said. Constitutional lawyer Jeff Lewis told The Daily Beast the decision does more than simply strike down state concealed-carry laws. “The court today establishes a very high bar for all gun restrictions,” he said. “Unless a legislature or court can establish that the regulation existed or was consistent with a regulation that existed at the time the Second Amendment was enacted, a gun restriction will no longer survive a Second Amendment challenge. Very few state gun laws will be able to survive such a high standard.” Lawrence Gostin, director of the O’Neill Institute for National and Global Health Law at Georgetown University, said he was “appalled” but “not surprised” by the ruling. “This was expected from the Court’s conservative supermajority who have long sought to define the Second Amendment expansively,” he said in an emailed statement. “Their decision was not constitutional, but purely political. Just as the nation grieves children and others who needlessly die from firearm violence, the nation’s highest court is making it much harder to protect the vulnerable.” At the same time, the Legal Aid Society said in its own statement that the decision “may be an affirmative step toward ending arbitrary licensing standards that have inhibited lawful Black and Brown gun ownership in New York.” The ruling, which stems from a Dec. 2020 challenge by the New York State Rifle & Pistol Association (NYSRPA), is set to upend the ability of individual states to require concealed carry applicants show “proper cause” for being allowed to leave home armed. The plaintiffs, Robert Nash and Brandon Koch, from Upstate New York, were denied carry permits in 2016 and 2018 by county authorities because they did not “face any special or unique danger” to their lives. After instead being granted permits for hunting and target shooting, the two sued—under the umbrella of the NYSRPA, the NRA’s New York affiliate—George P. Beach II, the then-superintendent of the New York State Police, and New York State Supreme Court Justice and Rensselaer County Licensing Officer Richard J. McNally, Jr. “Up until now, the court’s been pretty clear that somebody has the right to have a gun in their own home,” Lewis told The Daily Beast ahead of the ruling. “But what the high court has never weighed in on is…do you have the right outside of your house to have a gun? … The people that challenged this law said, ‘No, the Second Amendment’s absolute—the presumption should be [that] we have the right to a concealed weapon, and should be up to the government to take it away from us on a case-by-case basis, not establishing the right to weaponry on a case- by- case basis.’”