Government Watch / Politics

Supreme Court on Gun Rights

gun

The Supreme Court just heard arguments in a gun rights case – that could change everything, reaffirming the fundamental “right to carry.”  What chances? What possible effects?

The case, New York Rifle & Pistol Association v. Bruen, raises a cornerstone question:  How can a state restrict the constitutional right to carry? Must a citizen “show cause” to carry a firearm?

Questions were blistering. Justices Alito, Kavanaugh, and Roberts pressing New York and Biden Administration to defend restrictions on personal gun carrying. Self-defense loom large.

To some, this may all seem unimportant, but the case is very important for multiple reasons.

For backdrop, 31 states permit “open” carrying without a permit. Five and DC block open carrying – including New York.  Six have restrictions, 15 require a permit for “open” carry.

Separately, 20 states permit “concealed” carrying with no permit. These are “constitutional carry” or “unrestricted” states. That group falls within a larger group when permits “shall” be issued is asked, zero or minimal restriction. See, e.g., Concealed carry in the United States.

A final group, of which New York is one, is called “may issue” states.  There are nine. Here, the state can make getting a concealed carry permit very hard, nearly impossible. New York is viewed as so restrictive it is “no issue” – and there is the rub. New York, California, Massachusetts, New Jersey, and Hawaii are so difficult; the right seems suffocated.

So, given this constitutional challenge to restrictions in New York, what chances the High Court widens the scope of carrying rights?  Scholars argue, but at least four justices had to say “yes” to hear the case.  Questions of both New York and Biden’s team were tough. These states are objective outliers, and crime is way up due to Democrat-led “defund police” campaigns.

Homicides are at records in dozens of cities, while police recruiting, retention, and response times are down, driven lower by Biden mandates forcing vaccines on reluctant officers.

In parallel, gun and ammunition sales are way up – many first-time buyers, women, and minorities – as citizens seek protection. All this argues for self-defense and the defense of others.

A ruling this year could be narrow, pushing New York to stop tight restrictions on concealed carry – or could be broad and force an end to “no issue” and “may carry” laws.  That might cause all states to permit all citizens the basic right to concealed carry, if not to open carry.

Of course, the High Court could favor New York, encouraging states to become more restrictive, but that seems unlikely – the ruling and response.

A few added facts may inform the Court, suggesting the effects of a ruling against New York.  Generally, municipalities are safer when citizens prioritize self-defense and where gun ownership is higher.

Right to “carry” laws appear to lower crime, with gun homicides 10 percent lower in concealed carry states – likely due to elevated deterrence. Some states are considerably lower.

For example, after Florida allowed concealed carry, the homicide rate went from 36 percent above the national average to four percent below.  In Texas, murder rates dropped 50 percent faster than the national average; rapes dropped 93 percent faster in the first year, 500 percent faster the second year.

Conversely, crime is higher in states that restrict carrying guns than in those without restrictions.  How much higher? In aggregate, states without concealed carry have a robbery rate 105 percent higher; murder 86 percent higher, assault 82 percent higher, violent crime 81 percent higher, auto theft 60 percent higher, and rape 25 percent higher. See, e.g., Concealed Carry.

Point? When criminals worry about citizen firearms, they are deterred, either not committing the crime or doing so in another state. Deaths from mass shootings are also lower in carrying states.

Historic data broadly supports this hypothesis, as lower violent crime rates correlate historically with wider gun ownership.

Stepping back 20 paces, what does this add up to? Several encouraging observations.

First, with a 5-4 majority of judicial conservatives on the High Court, textualists who respect the Constitution’s original intent, plain meaning, or historical interpretation – four voting to hear the case– the presumption is that a big ruling could be in store.

Second, the state in question – New York – and the Biden legal position are “outliers,” only a small number of states restricting Second Amendment rights as New York does.

Third, the threat environment, rising violent crime, and citizen justification for self-defense could play into the evaluation of urgency in upholding this right.  New York is less safe than years ago.

Fourth, the fact that police are undermanned, down-funded, facing challenges in recruitment, training, retirement, and response – not to mention facing intense scrutiny, could mean that citizen rights to “keep and bear arms,” including to carry them, become more important.

Net-net, the High Court is under scrutiny itself, some in the Biden Administration and Congress aiming to disarm it with political packing, but this year could see major rulings – on abortion and property rights, religion to Second Amendment. This case might be big. Like on a dark New York City street, anything could come around that corner.


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B. Schmidt
1 month ago

The dunce socialist politicians still think that punishing law-abiding citizens for wanting to do nothing other than defend their own lives when police are not there to do the job will lower the crime rate. I suggest that the Secret Service be abolished, and we can finally see how the politicians change their mind about their “gun control” hogwash.

Kyle Buy you some guns,and learn how to shoot
2 months ago

Buy you a gun and learn how to use it. Better to go to jail for a while,than to let some thug kill you. Kyle L.

Linda Behr
2 months ago

I live in North Carolina. We have an open carry and concealed carry permit. The sad thing that people don’t realize is that criminals are NOT getting guns the legal way.

Jim Miller
2 months ago

I forgot to say , Democrats suck

Jim Miller
2 months ago

Why doesn’t the police or power to be go after the criminals? They have guns but every time they start talking gun control, it is always the law abiding citizens that they go after. I just hunt and target shoot. I don’t bother anybody or do anything that is illegal when I am armed. They know where the crime is, go there and do your gun control!!

JoAnn
2 months ago

This is one of the many reasons we no longer live in NY state, happier in Indiana

Mark L
2 months ago

If things are better then why mess with them! If the Supreme Court allows itself to be corrected by probably the MOST CORRUPT Presidency ever on record

BwaHa
2 months ago

The facts speak for themselves. If the pukes are going to keep trying to victimize those of us who have something they want and will try to take, if necessary then those pukes are going to be met with whatever reasonable force is necessary to prevent the victimization of those of us who aren’t about to roll over and play dead. Victims don’t necessarily have to submit to what the bad guys want from them. If you aren’t already, get yourself a concealed carry permit and a practical firearm. Practice with your new firearm and continue to practice. Concealed carry, open carry of a firearm is a right, just learn how to use and protect that right. We’re always being assaulted for exercising our constitutional right to carry a firearm. That’s going to continue to happen. Those of us who are carrying legally need to ensure we can maintain and retain our 2nd Amendment rights. I conceal carry daily and try to target shoot weekly, though life does get in the way sometimes so I’ll go without a range shoot from time to time to pacify those who are whining about my range days.

My comment to them? “giddoverit”!

MAGA2024! TRUMP2024!

FJB! LET’S GO BRANDON!

Becky
2 months ago

The 2nd Amendment provides zero means to interfere with ownership of ANY weapon that has been produced. American citizens can own any weapon that exists.
Only corrupt governments, and the corrupt people in them, revise the laws to make the 2nd Amendment adjustable…..on their terms.
With a government such as this, we should be stockpiling missiles, grenades, etc!

Kelli
2 months ago

Criminals don’t obey gun laws nor do they fear police, judges or courts so gun laws affect the legal gun owners not criminals!!

Rexford Ames
2 months ago

Do we still have a Supreme Court? Gee, After refusing the Application on review of the 2020 Election fiasco. Then we get to experience that thief ” Joe Biden”. Isn’t that the guy that Mr. Trump was supposedly Impeached ( Twice) by a RULING party. Ruling is the correct term. Oh year. The Supreme Court. The one part of our Government that is being ignored by the White House and Congress? I wonder why?

D S mitch
2 months ago

When people don’t have depend on senile Democrats who are poster children of white privilege would look like if it existed, the people are safer because unlike politicians, people think and are rational. After all Democrat law makers ban themselves from being within 1000 yds of a gun for a year, if they live, they can talk about it. Until then, murderers like Shawn Penn and WHITE Democrats with the privilege of demanding from others what they don’t demand from themselves have no place in the conversation.

Willy E
2 months ago

IMHO, it is high time that American people quit screwing around with the Constitution and eliminate the foreign US corporations an restore our United States of America to what it was back in the 1860s, and elect a real President rather than a fake corporate trust CEO or administrator like Biden and his regime. The original US Constitution is the real law of the land, is fine with me, and it is all we need. Restore our sovereignty and fly our real flag rather than a “gold fringed” maritime and military flag. Read the Flag Rules and Etiquette for the American Flags.

D S mitch
2 months ago
Reply to  Willy E

Let’s go Branden! Trump! Trump! Trump! Let’s go Branden! Trump! Trump! Trump!

Eduardo
2 months ago

It won’t be the National Guard. It will be the good for nothing scum-back of the neighborhood who will be empowered by the tyranny to enforce the new laws. Or how about the term “Federal Police”. From the Nazi regime to the communist, to the new “political correctness” all of them have relied on those. You don’t think it’s possible. Just wait.

HocasPocas
2 months ago
Reply to  Eduardo

Does Antifa, blm and all the illegals that they just let across our borders fit your summation Eduardo? Because that’s been on my mind for awhile

Jim Jolly
2 months ago

I think the reason to carry is evident. Police have been cut back so far that they can not be depended on. The decrease in percentages of decrease across the board are also a reason to protect the right to carry.

Joe
2 months ago
Reply to  Jim Jolly

“When seconds count, the police are minutes away”. This is not a knock on the police, quite the contrary, as I never miss an opportunity to thank them for what they do. But they can’t be everywhere. This is why either “Sigmund” or “Max” is always with me. To hijack the Capital One commercial, “Don’t leave home without it”.

D S mitch
2 months ago
Reply to  Jim Jolly

Let’s go Branden! Trump! Trump! Trump! Let’s go Branden! Trump! Trump! Trump!

Eduardo
2 months ago

Our rights are God given and protected by the Constitution. No government or president or group or institution can take away what they can’t give.

Eduardo
2 months ago
Reply to  Eduardo

Only by force, and that could prove very dangerous.

Becky
2 months ago
Reply to  Eduardo

Which is why the Communist Party has been redefining everything for over 4 decades now.

Luke
2 months ago

Since around 1968 (and earlier) the Constitution has been circling the drain. This fraudulent administration is the culmination of a communist/socialist/fascist mind-set among politicians, (largely democrats) that has been removing privileges and rights from taxpayers in the name of ‘the people’. And, every time they signal virtue by legislation designed ‘ for the people ‘ the people lose. Now, it FINALLY occurs to the supreme court that they should examine states rights regarding 2A. Fifty-two years of hacking away at it might be too late.

Regardless – I don’t care. I’ll carry concealed when it serves MY OWN protection and the protection of MY LOVED ONES. And, screw any politician or judge who doesn’t like it.

Opinari
2 months ago
Reply to  Luke

Good for you. Well put.

Becky
2 months ago
Reply to  Luke

I think most sane people are where you are.

J. Farley
2 months ago

THE SECOND AMENDMENT: what does it say!
The second amendment is really broken down in two parts, the first part says- A well regulated Militia necessary for the security of a free state- We might all agree that that refers to the modern-day armed forces and the National Guard, and the State and even the Local
Sheriffs and Police. The second parts reads – The right of the People to keep and bear arms shall not be infringed- (The definition of infringed – To actively break the terms of a law or agreement – or undermine something) This is an Individual right as it is in the 1st and 4th and 5th amendments that have no restrictions. My point is that all laws that control arms are unconstitutional, and I believe that as I think it was stated from, Justice Scalia that the only way you can lose that right is on an individual base’s for comitting such egregious act that you can not be trusted with a weapon of any kind, but not to social standing, rich or poor, if iI read the words and understand the english languge this is an absoulte Constitutional provsion and ANY law that has been passed is unconcstitutional.

Ernest
2 months ago
Reply to  J. Farley

Thk you for your point of view! Very well said….

Opinari
2 months ago
Reply to  J. Farley

I totally agree.

J. Farley
2 months ago
Reply to  Opinari

Ernest and Opinari, thanks to both of you!
Although there is no specific written provision for Planned Parenthood to gut a woman for her unborn child and sell the body parts and give a kick back to the Democratic party the Supreme Court, gave them that right, it would make sense that words written in plain English would be excepted as to the original intent without question.

Becky
2 months ago
Reply to  J. Farley

Yes, you have the right to carry right. But you must put this in the context of when it was written. The “militia” WAS the individual residing in the communities. There wasn’t an army when the Founders put this together. If you read early letters and documents: all males between 16 and 60 had to have weapons and the ammo to use. They were actually checked regularly and owners were fined if their weapons were not in working order. It was an expectation placed on any male who wanted the benefits of living in a safe society they keep it safe.

Moonpup
2 months ago
Reply to  J. Farley

No we would not all agree that militia “refers to the modern-day armed forces and the National Guard, and the State and even the Local Sheriffs and Police.” “A militia is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need,” In fact, if you read about the original origin of the militia, it referred to those of military age who were not in the military but could be called upon to defend our country if necessary. Many today would say that the definition could be expanded to include all those who are physically able to defend our country from all enemies, foreign and domestic.

Denise
2 months ago

The term “gun violence” is a favorite “ad nausaum” of the left and the seriously thought challenged. The next time someone uses that expression give them a lesson in physics. IF my gun can load itself, walk out the door under it’s own power, pick a target, pull it’s own trigger and then come home, empty out it’s spent casings and then put itself back in the holster….then….that would indicate that my truck can magically start itself, put itself in 1st gear and then as it gains speed, shift the other 4 gears, pick out an offending target, smash into it, then put itself in reverse, straighten out it’s front wheels and then come home, open the garage door and put itself away….right?
That should also apply to and include “knife violence”, “rock violence”, “iron skillet violence”, “baseball violence”….right?

Bill on the Hill
2 months ago
Reply to  Denise

You forgot hammers, all carpenters need to register them…
Bill on the Hill… :~)

Denise
2 months ago

OOOPS…my bad! Point taken.

Bill on the Hill
2 months ago

Yes an important issue, people absolutely have the right to defend themselves…
Lest we forget, SCOTUS determined that the 2020 US Presidential Election FRAUDULENCE had NO legal standing…That is the one that will forevermore stick in my craw where the highest court in the land is concerned…
Back to reality: I reference the UK & Australia here: Using New York as a perfect example, the criminals carry weapons of their choice with the end results of murder & attempted murder, all forms of mayhem & the individual cannot arm themselves to protect life & limb? Only in NY & other states as well…
How the SCOTUS rules on these issues, whichever way it goes, I take with a very LARGE grain of salt at this point..
I for one have put scotus into the realm of irrelevance moving forward for what they ALLOWED to happen in our once scared elections…
Bill on the Hill… :~)

Bill on the Hill
2 months ago

Correction: Sacred elections…
BOTH… :~)

Becky
2 months ago

With you there, Bill. Justice in America truthfully died by 2000, if not earlier.

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