Skip to main content

USA | Supreme Court Strikes Down N.Y. Concealed Carry Law—Could Lead To Rollbacks Nationwide

The Supreme Court struck down a New York law Thursday that only lets firearm owners receive a concealed carry license if they have “proper cause,” a blow to gun control advocates that marks the court’s most significant Second Amendment ruling in over a decade and could roll back gun control measures across the country.

KEY FACTS


The Supreme Court ruled 6-3 in New York State Rifle & Pistol Association v. Bruen that New York’s concealed carry law violates the Fourteenth Amendment, by stopping “law-abiding citizens with ordinary self-defense needs” from practicing their Second Amendment right to bear arms.

The challenge, brought by gun owners in the state, argued New York’s law that only gave licenses to firearm owners who have “proper cause” was unlawful under the Second Amendment, because licenses are too often denied and the decisions are left up to the personal discretion of individual licensing officers.

Justices agreed that the law was overly burdensome, with Justice Clarence Thomas writing for the court’s majority that the Second Amendment is not some “second-class right,” and other constitutional rights don’t “require individuals to demonstrate to government officers some special need.”

The Second Amendment’s definition of the right to “bear arms” includes “carrying handguns publicly for self-defense,” the court ruled, rejecting New York’s argument that the law is in line with historical precedents that limit how firearms can be carried in public places.

Justices also disputed New York’s argument that the law is designed to help keep firearms out of “sensitive places” where more people congregate, ruling that distinction was too broad, and Thomas argued there’s “no historical basis for New York to effectively declare the island of Manhattan a ‘sensitive place’ simply because it is crowded.”

The 6-3 conservative court had signaled it was likely to rule against the law in a November hearing in the case, in which justices said letting individual officers exercise so much discretion over whether to issue licenses “seems inconsistent” with the Second Amendment and suggested they were sympathetic to people wanting to carry concealed weapons in places like New York City, where there’s a higher risk of crime.

CRUCIAL QUOTE


The Second Amendment’s right to bear arms “naturally encompasses public carry,” Thomas wrote in the court’s opinion, arguing confining keeping firearms for self-defense to the home “would make little sense.”

CHIEF CRITIC


Justice Stephen Breyer argued the court’s ruling “ignores” the “significant dangers” of gun violence “and leaves states without the ability to address them.” 

“Many States have tried to address some of the dangers of gun violence ... by passing laws that limit, in various ways, who may purchase, carry, or use firearms of different kinds,” Breyer wrote in his dissent, which was joined by Justices Sonia Sotomayor and Elena Kagan. “The Court today severely burdens States’ efforts to do so.”

WHAT TO WATCH FOR


Other states that have similar laws to fall. New York’s restrictive concealed carry law—which said the state “may issue” licenses, but officers can use discretion and are not obligated to issue them to people—is similar to other laws in Democratic-led states across the country, including California, Delaware, Hawaii, Maryland, Massachusetts and New Jersey. (Other states require permits but say they “shall issue” them to people, which is much less restrictive.) 

Those laws are likely now at risk of being overturned under the court’s ruling. New York Gov. Kathy Hochul (D) has said she intends to call a special session of the state legislature to pass a new law that would comply with the court’s ruling, however, and other states may do the same. The court’s permissive view of the Second Amendment and ruling that it includes public carry could also be used to roll back other firearm laws.

TANGENT


The court’s ruling comes weeks after the U.S. faced a new series of high-profile mass shootings that have put a renewed focus on gun control legislation, including shootings at a grocery store in Buffalo, New York, on May 14 that killed 10 and at Robb Elementary School in Uvalde, Texas, on May 24, where 19 children and two adults were killed. 

New York City has also experienced several high-profile shootings on its subway system in recent months as the court has been deliberating on the ruling, after Justice Samuel Alito suggested during the court’s oral arguments that having a gun to use for self-defense on the subway was a reason to support loosening the concealed carry law.

KEY BACKGROUND


The New York State Rifle and Pistol Association first filed its lawsuit in 2013, brought on behalf of gun owners who were denied licenses, and the Supreme Court ruling comes after both district and appeals courts previously ruled in New York’s favor and let the law stand. 

Other lower court rulings have been less favorable to places with similarly restrictive concealed carry laws, however; a similar rule in Washington, D.C., for instance, was struck down in federal court in 2016 and again by an appeals court in 2017. The case marked the Supreme Court’s biggest gun rights case since 2008, when the court ruled in District of Columbia v. Heller that the Second Amendment grants the right for people to keep guns in their homes, knocking down a law requiring guns to be nonfunctional when they’re stored at home.

Source: forbes.com, Alison Durkee, June 23, 2022


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

US woman who survived botched execution says she's in constant pain

Convicted murderer Christa Pike said Friday that she is in constant pain, a month after surviving a botched execution attempt in the US state of Tennessee. "There hasn't been a moment since that night when I haven't been in pain," Pike said in a statement released by her lawyers. "My body hurts. My arms hurt. My hands hurt. My throat hurts," she said. "I still struggle to speak. And the pain isn't just physical. There is pain in my mind and in my soul."

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.