Supreme Court Takes up Second Amendment Concealed Handgun Case in New York
Written by Racquel Shelby on April 26, 2021
Video Credit: CNN
Supreme Court set to take up major Second Amendment case
Video Credit: MSNBC
Supreme Court To Take Up Gun Rights Outside The Home | Hallie Jackson
Article Source: NBC
April 26, 2021, 9:55 AM EDT / Updated April 26, 2021, 10:03 AM EDT
By Pete Williams
Supreme Court to take up major Second Amendment concealed handgun case
WASHINGTON — The Supreme Court said Monday it will consider how much protection the Second Amendment provides for carrying a gun outside the home.
The case is the first time in more than a decade that the court has agreed to take up a central issue of the gun rights debate, something it has consistently ducked since issuing a landmark ruling in District of Columbia v. Heller in 2008 that the Second Amendment provides an individual right to keep a handgun at home for self-defense.
The court agreed to hear a challenge to a New York state law that allows residents to carry a concealed handgun only if they can demonstrate a special need beyond a general desire for self-protection. The law “makes it virtually impossible for the ordinary law-abiding citizen” to get the necessary license, Paul Clement, a lawyer representing the challengers, said.
One of them, Robert Nash, said he was wanted to carry a gun in response to a string of robberies in his neighborhood. Another, Brendan Koch, also cited a desire to carry a gun for protection. Both men said they had completed gun safety courses but were turned down when they applied for permits. They joined a lawsuit challenging the law brought by the New York State Rifle and Pistol Association.
New York bans carrying a handgun openly. The state law says anyone seeking a license to carry a concealed weapon must demonstrate “a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.”
The law is so restrictive, Clement said, that it cannot be reconciled with the Supreme Court’s “affirmation of the individual right to possess and carry weapons in case of confrontation.”
Federal courts have split on the meaning of the Second Amendment’s declaration of a right to keep “and bear” arms. New York Attorney General Letitia James urged the Supreme Court not to take up this case. She said when the U.S. Court of Appeals for the 2nd Circuit upheld the state’s concealed carry law, it assumed a right to carry firearms outside the home.
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