The Supreme Court has issued its most important Second Amendment decision in more than a decade.
CBS2’s Jessica Moore explains the reasoning behind the High Court’s decision and the impact on New Yorkers.
Current New York law states that any person who asks for a license to carry a gun outside their home, demonstrates “reasonable reason” to obtain it, which state courts have said is “a special need for self-defense.” ”
“The question before the Supreme Court is, can New York do this? Do you need to show you have this risk of being a concealed carry, or can anyone on the R train now have a gun in their back pocket? ?” Constitutional attorney Andrew Lieb said.
Challengers to the law argued that the Second Amendment protects the right to carry firearms outside the home for self-defense, while supporters warned that the ban could be invalidated, leading to more people on the streets. There may be firearms. Supporters also maintained that the Second Amendment was adopted to allow militias to fight the government, with everyday civilians not allowed to carry weapons for personal defense.
“The question here is just a very narrow one: Can any state, not just New York, say you can’t have a gun when you’re walking around town unless you’re special? Hence the question. It’s whether you’re the default rule. You can have a gun, and you only need to carry it for someone with mental illness, or the default is that you can’t have a gun and you only have Maybe when you have a special need for protection?” Lieb said.
Even after a few weeks of shootings in Buffalo, Texas, Tulsa, Philadelphia and Chattanooga, a majority conservative court ruled that anyone can carry a gun anywhere.
Lieb says New Yorkers should be prepared for a change in expectations.
“We’ve been living with a law since 1911 that says most of the people you’re talking to don’t have guns. Now you’ll feel like one of the people you’re talking to Most have guns. It creates a different energy. Most of us in New York knew we could move to Texas if we wanted to be in that environment,” Lieb said.
But attorney David Schwartz says the high court’s ruling allows regular people to carry a handgun in the state, not just the privileged few: celebrities, ex-cops, as it currently is.
“Someone who works late at night is leaving work late. She could be a nurse, she could be anyone who has to work late at night, they don’t have the right to get a carry permit It is,” Schwartz said. “The idea that criminals will now start applying for licenses to get carry permits, I think, is a bit illogical. It’s going to be people who may not show a paranormal purpose, but one nonetheless. wanting to carry a gun, and that really gets at the center of the Second Amendment.”
Schwartz says the state will still be allowed to regulate where people can carry firearms, and exclude certain places such as subway systems, ballparks and schools.
The High Court struck down the New York law on the grounds that it was too strict and gave the state’s licensing authorities too much discretion.
The ruling marks despair for many New Yorkers who think federal gun rules should be stronger, not weaker.
Andrea Murray of Moms Demand Action said, “New York State has made progress in reducing gun violence and they continue to do so. We need the federal government to step up and prioritize life-saving gun safety measures.”
The State of New York has no recourse to a Supreme Court decision, except by change of justice or constitutional amendment.
“Biden recently said you’re not going to win the battle – I’m going to interpret – what the Second Amendment says, but what we can do is take away liability protections at the federal level for manufacturers. And even if then the government would not ban people from owning guns, manufacturers, based on risk concerns, would themselves be prohibiting people from owning guns,” Lieb said.
Lieb pointed to a February settlement that forced Remington to pay $73 million in the aftermath of the Sandy Hook massacre. Remington was the manufacturer of the rifle used in the 2012 school shooting.
The agreement bankrupted the gun manufacturer.