Baltimore (BBR) In a decision that marks the broadest expansion of gun rights in a decade, the Supreme Court, on 23rd July 2022, overturned the New York gun law passed more than a century ago. The regulation had placed restrictions on carrying a concealed pistol outside the home.
Justice Clarence Thomas authored the 6-3 majority opinion for the court. He said, "Because the New York state issues public-carry licenses only when an applicant proves a unique need for self-defense, we clearly say that the State's licensing regime violates the Constitution."
The judgment alters the methodology that lower courts will apply to move ahead when they examine further gun restrictions. That may include the legislation that Congress is considering now if it passes. A crucial vote in the Senate will move the bipartisan gun plan closer to approval.
According to Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law, the " majority's advancement of what the Second Amendment serves to protect will have monumental ramifications far beyond carrying firearms in public — on everything from age restrictions to assault weapon bans to limits on high-capacity magazines."
In light of the Supreme Court's findings, Vladeck predicted that "we're in for another new flood of lawsuits attacking every gun-control legislation." Critics claim that the decision would hinder reasonable measures that reduce gun violence.
Only a handful of states, including California, Hawaii, Maryland, Massachusetts, and New Jersey, have rules similar to those in New York; however, those states also contain several of the most heavily populated cities in the state.
According to the Giffords Law Center to Prevent Gun Violence, persons are typically permitted to carry concealed firearms in most public places without a permit, background check, or safety training in 25 states.
Thomas asserted that moving ahead, the government "may not postulate that the rule supports and is an essential interest," and that instead, judges must consider the language and history of a statute when determining whether it is valid.
"A court may decide that the individual's conduct falls beyond the Second Amendment's unqualified mandate only if a handgun control is consistent with Nation's historical tradition," Thomas stated.
We concur and now maintain, in line with Heller and McDonald, that an individual's right to carry a handgun for self-defense outside the house is protected by the Second and Fourteenth Amendments.
President Joe Biden expressed his "great disappointment" with the choice while negotiating with Congress to pass gun control legislation.
In a statement, Biden said that the decision "should greatly worry us all" since it goes against rational thinking and the Constitution. "We as a society must do more — not less — to safeguard our fellow Americans in the aftermath of the awful assaults in Buffalo and Uvalde, and also the daily incidents of gun violence which don't make national headlines."