U.S. Supreme Court Voids N.Y. Gun Limits, Establishes Right To Carry

(Bloomberg) -- A divided US Supreme Court struck down a New York law that required people to show a special need to carry a handgun in public, ruling for the first time that the Second Amendment protects gun rights outside the home.

The 6-3 ruling could mean more guns in public places in some of the most populous US cities. New York was one of at least six states -- along with California, Massachusetts, New Jersey, Maryland and Hawaii -- with laws that prevented most people from legally carrying a handgun. 

“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,” Justice Clarence Thomas wrote for the court.

The decision follows a series of mass shootings, including rampages that left a total of more than 30 people dead at a Buffalo, New York, grocery store and an Uvalde, Texas, elementary school. The Senate is moving toward approving new gun-safety measures in response to those killings.

The ruling was the court’s biggest gun-rights decision in more than a decade. It underscored the impact of the three justices appointed by former President Donald Trump: Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, all of whom joined the majority. 

In a concurring opinion, Kavanaugh and Chief Justice John Roberts said the ruling didn’t prevent states from requiring handgun owners to get a carry license. Kavanaugh said the decision didn’t affect so-called “shall-issue” licensing systems that in 43 states. Those systems require permits to be issued to anyone who meets set criteria.

“Those shall-issue regimes may require a license applicant to undergo fingerprinting, a background check, a mental health records check, and training in firearms handling and in laws regarding the use of force, among other possible requirements,” Kavanaugh wrote.

‘Frightening’ Decision

The three liberals -- Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor -- dissented.

“New York’s legislature considered the empirical evidence about gun violence and adopted a reasonable licensing law to regulate the concealed carriage of handguns in order to keep the people of New York safe,” Breyer wrote for the group.

New York Governor Kathy Hochul called the ruling “frightening” and said it takes away the state’s right to protect its citizens.

Everytown for Gun Safety, which advocates gun-safety measures, is backed by Michael Bloomberg, founder and majority owner of Bloomberg News parent company Bloomberg LP. The group filed a brief at the Supreme Court supporting the New York restrictions.

Shares of gun makers and distributors rose to session highs Thursday after the ruling. Smith & Wesson Brands Inc. jumped as much as 7.6%, while Sturm Ruger & Co. climbed 4.4% and Ammo Inc. advanced 4.3%.

The National Rifle Association celebrated the victory. “Today’s ruling is a watershed win for good men and women all across America and is the result of a decades-long fight the NRA has led,” NRA Chief Executive Officer Wayne LaPierre said. “The right to self-defense and to defend your family and loved ones should not end at your home.”

The Supreme Court’s decision comes the same day that the US Senate will advance toward a final vote the most extensive gun-safety package in three decades. Final action could come today. It would improve background checks for younger firearms buyers and provides federal funds to combat mental illness and secure schools.

‘Proper Cause’

The New York law required people to show “proper cause” to get a concealed-carry license. Although the statute didn’t define that phrase, New York state court rulings said applicants needed to show a need for self-protection that distinguished them from the general public. The law gave local officials broad discretion to decide whether the standard has been met.

Opponents said the practical effect was to leave the vast majority of people in the state without the right to carry a handgun in public. The state generally forbids open carry.

The court heard a challenge by the NRA-affiliated New York State Rifle & Pistol Association and residents Robert Nash and Brandon Koch of Rensselaer County. The two men both got licenses to carry handguns in some circumstances, including hunting and target practice, but were denied an unrestricted right to carry.

The Biden administration joined New York in defending the law. They argued that gun-carry restrictions have a long pedigree, both in the US and in the English law that provided the foundation for the Second Amendment. 

The case is New York State Rifle & Pistol Association v. Bruen, 20-843.

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