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On Thursday, the US Supreme Court overturned a New York State gun control law.
The Case, New York State Rifle & Pistol Association v. Bruen, challenged a 1913 New York law that requires people to be licensed for using guns outside their own homes – and to get a license, the owner must show they need the gun for self-defense.
The court determined that New York’s specific licensing requirement violates the 2nd Amendment (the right to keep and bear arms).
In other words, the law was struck down because it places restrictions (self-defense) on carrying a concealed gun outside the home.
The ruling was 6-3, with the votes of the justices reflecting the views of the political parties that appointed them to their positions.
Justice Clarence Thomas’ opinion explained that other constitutional rights do not require individuals to show they have a special need. He wrote, “The Second Amendment right to carry arms in public for self-defense is no different.”
In his opinion, he said, “Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.”
Justice Thomas pointed out that in 43 other states, licenses are required, but officials do not have the right to question or evaluate an applicant’s need for the weapon.
The ruling sets a precedent that will affect weapon restrictions in other states and make guns more available, at a time when the public is screaming for tougher laws to counter gun violence.
Many states, including California, New Jersey and Massachusetts, have the same type of law as New York.
The dissenting Justices wrote a passionate opinion, referring to the public’s outcries about gun violence and the recent school and public mass shootings. They included statistics about the thousands of Americans killed by firearms and pointed out that gun violence is now the leading cause of death for children and adolescents.
Mayor Eric Adams wrote on Twitter, “This decision has made every single one of us less safe from gun violence.”
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