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SCOTUS: Will rule on public carry

Scoop

.30-06
WASHINGTON — The Supreme Court said Monday it will consider how much protection the Second Amendment provides for carrying a gun outside the home.

The case is the first time in more than a decade that the court has agreed to take up a central issue of the gun rights debate, something it has consistently ducked since issuing a landmark ruling in District of Columbia v. Heller in 2008 that the Second Amendment provides an individual right to keep a handgun at home for self-defense.


The court agreed to hear a challenge to a New York state law that allows residents to carry a concealed handgun only if they can demonstrate a special need beyond a general desire for self-protection. The law "makes it virtually impossible for the ordinary law-abiding citizen" to get the necessary license, Paul Clement, a lawyer representing the challengers, said.

One of them, Robert Nash, said he was wanted to carry a gun in response to a string of robberies in his neighborhood. Another, Brendan Koch, also cited a desire to carry a gun for protection. Both men said they had completed gun safety courses but were turned down when they applied for permits. They joined a lawsuit challenging the law brought by the New York State Rifle and Pistol Association.
 
”...only if they can demonstrate a special need beyond a general desire for self-protection...”

Anyone who moved from my town to New York City would immediately sense a “special need” far beyond any “general desire.”

Unless of course the “general desire” of people in New York for security is simply much different than other places.**

Which is like saying, “So, if you live in New York, well you’re just asking for it anyway. So you’re to blame.”

Remember when the Supreme Court decided that the definition of pornography depended on what people thought in your area, and that you could have your own local laws?

I’m afraid that all politics is local, & this situation pervades.

The supreme court will probably just hand it off to lower govt. They will do what is right whenever it’s convenient for them and they won’t be hated for it.

**Like off-the-wall crazy.
 
SCOTUS: Will rule on public carry
The rest of the article:

Supreme Court to take up major Second Amendment concealed handgun case (nbcnews.com) <-- LINK

New York bans carrying a handgun openly. The state law says anyone seeking a license to carry a concealed weapon must demonstrate "a special need for self protection distinguishable from that of the general community or of persons engaged in the same profession."

The law is so restrictive, Clement said, that it cannot be reconciled with the Supreme Court's "affirmation of the individual right to possess and carry weapons in case of confrontation."

Federal courts have split on the meaning of the Second Amendment's declaration of a right to keep "and bear" arms. New York Attorney General Letitia James urged the Supreme Court not to take up this case. She said when the U.S. Court of Appeals for the 2nd Circuit upheld the state's concealed carry law, it assumed a right to carry firearms outside the home.

But the right is not unlimited and can be subject to state regulation, she said. New York's law was a response to an increase in homicides and suicides committed with concealed firearms early in the 20th century, she told the Supreme Court in a written brief.

In late March, the U.S. Court of Appeals for the 9th Circuit upheld a Hawaii law similar to New York's. The appeals court had ruled earlier that individuals do not have a Second Amendment right to carry concealed weapons in public. Its latest decision concluded that there is no general right to openly carry weapons in public for self-defense, either.
 
Hopefully it turns out good. I imagine before the year is out the court will have at least 13 justices, perhaps even more. I doubt any of the new ones will be constitutionalist.
 
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