Supreme Court Rules Second Amendment Applies Outside Home

Constitution Glock iStock-697763612
Prospects for Constitutional Carry in 2022, iStock-697763612

U.S.A.-(AmmoLand.com)- The United States Supreme Court ruled (6-3) in favor of NYSPRA in the New York Pistol Rifle Association v. Bruen.

The decision was written by Supreme Court Justice Thomas stating, “the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”

This is a major win for law-abiding Americans, as the scrutiny of “proper cause” justification for concealed carry of a firearm is unconstitutional.

The New York Pistol Rifle Association (NYPRA) sued New York State over the Empire State’s concealed carry scheme that requires gun owners to show “proper cause” before the State would issue a permit to carry a gun concealed. While the average person cannot get a license to carry, people with the money and resources can afford to obtain a permit to carry. Some view this disparity as unfair because it allows New York’s upper class to protect themselves while the average citizen is stripped of their right to bear arms.

New York’s concealed carry law has been on the books for over a hundred years. The law was set up to prevent newly arriving European immigrants from carrying the means to protect themselves. Immigrants from certain European countries such as Ireland were considered “undesirable.” The NYPRA challenged the law claiming that it violates the right to bear arms as enumerated in the Second Amendment.

In 2015, Robert Nash of Rensselaer County was granted a pistol permit that allowed him to carry a pistol concealed while hunting. In 2016, a string of robberies plagued Mr. Nash’s neighborhood, and he sought to expand his concealed carry permit to be able to carry all the time. New York denied the man a permit claiming he didn’t display a “special need” for the license.

New York claimed that the “may issue” law should be allowed to stand because of “public interest” and “public safety.” The State argued that violent crime would increase if the law were knocked down. New York believes that the Constitution allows the State to regulate the permitting process.

This historic decision is the high court’s first decision involving firearms law since the McDonald case over a decade ago.

The NYPRA v. Bruen decision will change gun laws across the country. Nine states in the country are “may issue.” The rest of the country is either “shall issue” or Constitutional carry.

Anti-gun groups such as Brady and Everytown for Gun Safety have been bracing for the decision since SCOTUS granted cert. With the court’s makeup, anti-gun groups believed that the court would side with NYPRS. The groups went on the offense to try to swing the Supreme Court’s opinion through political pressure. Their efforts were unsuccessful. Justice Thomas finished his opinion by writing:

New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

This historic decision will be talked about and debated for years to come.


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.

John Crump

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Desert Guy

If under-21’s are denied firearm rights, the military needs to be forbidden from having them in their ranks. That means Honorable Discharge for all under-21’s and Dismissal for students in the Service Acadamies. It’s called… Eguality!

Don’t give me that Audie Murphy stuff, either. This is the 21st century, where government has run amuck!

Last edited 3 days ago by Desert Guy
I Haz A Question

The author (John Crump) is incorrect. Only eight States are currently “may issue”. The District of Columbia is NOT A STATE and cannot be per the Constitution. It is a small area of land apportioned to house the Federal Government, and is separate from the States so that no single State could ever boast that it is host to the Feds.

gooder12

I see your point, but I don’t fully agree. When I turned 18 I got The Right To Vote, I could legally drink 3.2 Beer in SD, and I got my Draft Number. All in May 1970. At the same time, I could legally purchase firearms in SD and I could Open Carry, plus I needed a driver’s Licsen to be a legal driver, and I needed a License to hunt and fish. I would have applied for a CC Permit but SD did not have those until about 10 or 15 years later. I have applied and paid for… Read more »

Oldvet

Gooder… Yes being your senior , when I turned 18 Uncle Sam said you WILL register and approximately 30 days after I graduated high school he said you Will Report ! So I joined the USAF and reported even earlier .

HLB

“This whole S Court thing just might get the Right to finally give us our right to National CC” Yes, that is true, but why not just National Carry? Why does it always have to be Concealed? My old 1911 is pretty well beat up, but I am not to ashamed to show it. I promise, I will polish and re-blue it some day. I may even work some of that charcoal bluing salt in on it. Yea, really, I would like for some one person to tell me what the really BIG thing is about (shhhh – concealed) Carry.… Read more »

Wild Bill

I think that it is a more direct argument to say that Rights can not be diminished. Congress can not diminish, with a statute, what the Constitution recognizes as a natural, God given Right.

Nanashi

But, per page 3 Alito’s concurrence, it does not protect a full quarter of the population, who can be denied rights on purely demographic grounds.

Sisu

I do not see anything on J. Alito’s Opinion, page 3, which relates to your statement. Can you be clearer using an excerpt from the Opinion ?

john

And here lies the problem Democrats and their agenda Kathy Hochul now has stated that the state of new york is going to continue to restrict residents constitutional rights. Democrats never abide by the law they make them up as they go along. One thing’s for sure that New Yorkers keep allowing these radical politicians to remain in power. Hochul doesn’t deserve the title as governor . Democratic New York Gov. Kathy Hochul warned that her state is “just getting started” on gun restrictions after the Supreme Court struck down a state gun control measure Thursday. Hochul went on to… Read more »

swmft

someone should take a siege cannon to her house and level it with her inside

Monkey Mouse

The entire capital complex in Albany, not just her place. Will fix the problem all at once.

swmft

state nasty guard practice range

HLB

I am having trouble getting black powder. This will require a lot of it.

HLB

Sisu

Let’s begin initially with petitioning that she along with all other demonrats pose an identifiable risk to their “community” and themselves, as such they need to be involuntarily held for extended psychological and medical evaluation, have their access to firearms and any potentially dangerous tool (including all kitchen knives and utensils, pens and pencils) severely restricted. Of course such actions being necessary would ensure the individual demonrat’s “unfitness” for public office or employment in government.

The other Jim

Ammoland would not let me download the 135 page decision to read and reference. Must join SCRIB? Why? Why can’t I just download it without and stipulations or agreements, etc. Why do I have to perform and dance before I can download this decision.

The other Jim

Ok, thanks.

Wass

6-3, amazing! That means, one of the libs on the court saw the wisdom of plaintiff’s case.

Russn8r

Yeah. John Obamacare Roberts.

Mystic Wolf

Someone must have twisted his arm on this one, roberts always sides with the satan worshipping DEMONcrats, and thus another reason I call them demons as they will always go against the people’s needs and only side with the wealthy

swmft

I think he could not come up with a way to twist the words that did not stick in his throat,

hippybiker

It was Alito!

Russn8r

Alito is not a lib. He and Thomas are the only two loyal justices, the only two who fought The Big Steal in 2020.

SCROTUS Big Steal.png
The other Jim

Long time coming. No thanks to the new enemies Mitch McConnell (China Mitch) and John Cornyn (Cornhole).
Out of retaliation and hate the 9 will outprice the permit. China Mitch and Cornhole will cause for many law biding to be tuned down for permits.

swmft

so that it has to go to court again and again need to arrest these pos posers and try them under title 18 put them in jail with the worst of the worst

Oldvet

other Sounds like a new campaign slogan ” DITCH MITCH ”
” SHOOT SCHUMER “

Last edited 2 days ago by Oldvet
The other Jim

Yes perfect. Or “Ditch China Mitch”.

Green Mtn. Boy

The juxtaposition of the Bruen decision and congress further current infringement of that which”Shall Not Be Infringed.”

Ope

At least the SC is doing their job. Senate RINO trash needs to pay attention.

Russn8r

Maybe not for long, since the first thing Judge Amy did (and the other 2 Trump noms joined her) was vote to let Biden steal the white house and set a precedent that states have the right to steal elections. How long will the court be pro-gun now depends on how many presidential elections the Dems steal (and if a judge dies or retires).

Russn8r

Hey cowardly, low-IQ, wishful-thinking sock-posse downvoter: $100 says Trump’s 3 “justices” affirm Cornyn’s betrayal or refuse to hear a case challenging it.

SCROTUS Big Steal.png
john

Never forget the deep state is full of rhinos not only democrats.Those in charge of the republican party are no strangers to pitching in with the enemy.
Money our money is what is driving the elected they want it all. I can only hope the the 7 states west of the colorado river will soon be bone dry. That is when it will get very dangerous in this country and those without will take to the streets.

Russn8r

~”Never forget the Deep State is full of RINOs not only democrats.”

Yep.

RINO on R small.png
Grigori

I LMAO every time I see the picture on that poster. So much truth in it! One picture truly is worth 1,000 words.

Russn8r

Me too. That’s why I keep posting it.

swmft

last time that happened was the great depression

Mystic Wolf

Well thanks to the last few governors that cali has had they decided to protect a very invasive fish from china that being a bait fish called the delta smelt. Those governors blocked access to two rivers thus dumping all that usable water in the ocean

swmft

they are doing their best to destroy the country and food production

swmft

I dont think government workers are either they are one for all and all for us, f..k the peons self important