Supreme Court Seems Poised to Overturn New York’s 108-Year-Old Handgun Licensing Law

Wednesday, the Supreme Court heard arguments in New York State Rifle & Pistol Association v. Bruen. The current law in New York requires anyone who seeks a license to carry a concealed handgun must show “proper cause” which is described by New York Courts as one must show a special need to defend themselves, rather than simply wanting to protect themselves or their property.

The conservative judges took issue with the state’s rationale in granting unrestricted licenses to carry handguns more often in less densely populated areas because disputes are less likely to break out. Justice John Roberts pointed out that District of Columbia v. Heller relied on the right to self-defense and asked, Wouldn’t someone have a greater need for self-defense in a higher density area?

The state responded that New York wanted to protect the right to self-defense and also protect public safety. Roberts responded that he could understand a regulation prohibiting guns in a football stadium, however, the right to protect oneself would be greater in a high-crime area. Roberts asked, “How many muggings take place in the forest?”

Justice Clarence Thomas asked the state, “How rural does the ara have to be before your restrictions shouldn’t apply?”. The state replied that there isn’t a cutoff only that unrestricted licenses are “much more readily available” in less densely populated areas.

Justice Samuel Alito then asked about nurses, dishwashers, and doormen, who don’t have criminal records, but do have to take public transportation and walk to their homes late at night through a “high-crime area.” He pointed that they would not be able to get a concealed-carry license under the current regime. He then asked, “Is that consistent with the core right to self-defense, which is protected by the Second Amendment?”

Justice Brett Kavanaugh asked, “Why isn’t it good enough to say I live in a violent area and I want to be able to defend myself?”. New York Solicitor General, Barbara Underwood replied, claims “are examined by a licensing officer” who is to consider an applicant’s entire situation. To which Kavanaugh retorted, “that seems inconsistent with an object constitutional right.”

The arguments went on for a little less than two hours, it seemed as though the conservative judges are in line with overturning New York’s gun law along with others like it. The liberal justices to no surprise didn’t seem as in favor.

The court is will be issuing a ruling in the case sometime next year. Below is the audio from Wednesday’s arguments.

If the court does overturn the New York gun law it will be a major with for the Second Amendment.