For over 100 years New Yorkers have had to prove that they had a “need” to exercise their Second Amendment rights. Other states have similar rules that prevent some residents who simply want to carry a firearm for self-defense from obtaining a license. Now, in a decision written by Justice Clarence Thomas, the court has dismantled New York’s unconstitutional requirements and set the system right. The NY Post’s Mark Moore and Zach Williams report:
The Supreme Court struck down New York’s century-old law restricting the carrying of concealed firearms Thursday, its first major Second Amendment decision in more than a decade and a ruling that could lead to more weapons on the streets, as well as subways, churches, bars, airports and just about anywhere people gather.
Writing for a 6-3 court, Justice Clarence Thomas wrote that “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.
“To justify its regulation, the government may not simply posit that the regulation promotes an important interest,” Thomas added. “Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.”
The ruling could also affect similar “may issue” laws in New Jersey, California, Maryland, Hawaii and Massachusetts.
The New York state law, on the books since 1913, requires that a person who wants a license to carry a handgun in public show “proper cause” that the weapon is specifically needed for self-defense rather than a desire to protect themselves or their property.
The New York State Rifle and Pistol Association and two upstate men sued, claiming the law violated their Second Amendment rights.
Paul Clement, the lawyer representing the association, told the justices during oral arguments last November that his clients are seeking “nothing more than their fellow citizens in 43 other states already enjoy.”
“Carrying a firearm outside the home is a fundamental constitutional right. It is not some extraordinary action that requires an extraordinary demonstration of need,” he said at the time.
Action Line: If you don’t already live in a constitutional carry state (see the map below), you need to get a license to carry. If you live in one of the states that has held you back from your rights by demanding a “need,” before granting you a license, hopefully, those hurdles will soon fall. As always, get your gun and your training now. Using firearms is your right, using them safely is your responsibility. Click here to stick with Your Survival Guy.
P.S. Ted Cruz has a plan to protect kids that doesn’t involve unconstitutional infringements on your rights. Watch him discuss it here.
E.J. Smith - Your Survival Guy
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