On Monday, the Supreme Court agreed to review a New York law that limits carrying concealed firearms outside the home, this ruling would potentially loosen gun laws nationwide in the first major Second Amendment case since McDonald v. City of Chicago in 2010.
The justices will take up an appeal by two gun owners and the New York affiliate of the NRA, and influential gun rights group closely aligned with Republicans, of a lower court ruling throwing out their challenge to the restrictions on concealed carry handguns outside of the home.
Lower courts rejected the argument made by the plaintiffs that the restrictions were in violation of their Second Amendment right to keep and bear arms. The lawsuit sought an unfettered right to carry concealed handguns outside in public.
A state firearms license was granted to the two men, however it was restricted to only using firearms for target practice or hunting, prompting a legal challenge.
There has been a long discussion about guns in this country in the wake of mass shootings, and President Biden declaring that no amendment to the constitution is absolute, plus his recent nomination of the anti-gun David Chipman to head ATF. While other states have passed laws granting constitutional carry, and Montana recently declared their state as a sanctuary state for the Second Amendment.
In 2008, the Supreme Court ruled that an individual has the right to keep guns at home for self-defense, and in 2010 the same ruling applied for states. The plaintiffs in the New York case asked for that right to be extended beyond the home.
A ruling against New York’s law could imperil similar laws in the books in other states setting various criteria for a concealed carry permit. Seven states including the District of Columbia impose restrictions that give authorities more discretion to deny concealed firearms permits.