Supreme Court’s overturn of New York’s concealed carry law could lead to nationwide changes
For the first time, the ruling determines that the Second Amendment protects gun rights outside the home.
LINCOLN, Neb. (KLKN) – In a 6-3 vote, the supreme court overturned New York’s gun law that makes it a crime to possess a firearm in public without a license on Thursday.
The opinion authored by Justice Clarence Thomas will guarantee the right to keep and bear arms outside the home. However, the decision does not block states from requiring a license to own a gun.
“We recognized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense, Thomas said. “In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense.”
The case focused on a century-old New York state law that requires gun owners to show “proper cause,” or a specific special need, to be approved to carry a handgun in public.
Thomas wrote that the Second and Fourteenth Amendments protect and presume an individual’s right to carry a handgun for self-defense outside the home. According to Thomas, the state’s requirement for gun owners to show a special need to conceal carry goes against those amendments.
President Joe Biden released a statement saying, “In the wake of the horrific attacks in Buffalo and Uvalde, as well as the daily acts of gun violence that do not make national headlines, we must do more as a society — not less — to protect our fellow Americans.”
Biden urged states to continue to enact and enforce laws to help keep their communities safe from gun violence. In contrast to the supreme court’s decision, Biden says that the Second Amendment is not absolute.
New York’s Governor, Kathy Hochul, said, “We are closely reviewing our options – including calling a special session of the legislature. Just as we swiftly passed nation-leading gun reform legislation, I will continue to do everything in my power to keep New Yorkers safe from gun violence.”
There are currently seven other states with laws similar to New York’s that was overturned. Experts are now looking at what the decision means for those states.
“Why isn’t it good enough to say, I live in a violent area and I want to be able to defend myself?” asked Justice Brett Kavanaugh during oral arguments in the case last year. “That’s the real concern, isn’t it, with any constitutional right, if it’s the discretion of an individual officer, that seems inconsistent with an objective constitutional right.”
Chief Justice John Roberts and Justice Kavanaugh both say that they want more cases in the future that will define where people can carry a firearm outside the home.
This is a developing story, stick with Channel 8 as updates become available.