U.S.A. –-(AmmoLand.com)- The Supreme Court of The United States has agreed to hear a case involving the Second Amendment. SCOTUS has been hesitant in taking up Second Amendment cases ever since the District of Columbia v. Heller. That case reaffirmed that the Second Amendment applies to the individual. Up until that point, people like current Vice President Kamala Harris argued that the right to bear arms only applied to a government militia.
SCOTUS took up Heller in 2010 and only has agreed to hear one other case since that historical case. That Case was NYSPRA v. New York City. That case involved the transportation of firearms. The City dropped the regulation make the case moot.
The case that SCOTUS agreed to hear is New York State Rifle & Pistol Association Inc. v. Corlett. The case centers around the right to bear arms outside the home for self-defense. The NYSRPA and two New York men claim that New York’s denials of most concealed-carry licenses for self-defense violate the Second Amendment.
New York is a “may issue” State. The applicant has to show “proper cause” to be granted a concealed carry permit.
The applicant has to be in the business of transporting large amounts of cash or have a direct threat on their lives before being issued a license to carry a firearm. Even in cases where these requirements are met, the State can decide to reject your application still.
The New York Statute reads: “demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.”
The petitioners argue that New York makes it “virtually impossible” for “ordinary law-abiding citizens” to obtain a license to carry a concealed handgun. New York Attorney General Letitia James argues that the State’s policy is a “flexible standard.” She is saying that the law is entirely in compliance with the Second Amendment. She also claims that people that can’t obtain a concealed carry license can always keep a firearm in their home and still can hunt.
“The Second Amendment does not exist to protect only the rights of the happy few who distinguish themselves from the body of ‘the people’ through some ‘proper cause,’” the petitioners wrote in their petition to the Supreme Court. “To the contrary, the Second Amendment exists to protect the rights of all the people.”
If the petitioner is successful, it has the potential to make the entire country “shall issue.” SCOTUS currently leans conservative by a margin of 6-3. This lean doesn’t guarantee a victory for the pro-gun side of the argument. John Roberts tends to be a swing vote, and this will be a lot of the other Justice’s first Second Amendment case on the Supreme Court level.
This case will also fuel the fire of Democrats to kill the filibuster in the Senate and pack the court with anti-gun Justices. It is more important than ever for pro-gun voters to keep pressure on Joe Manchin of West Virginia not to break his promise to keep the filibuster.
There is no timeline for the case to be heard and for the Supreme Court to decide.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.