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Supreme Court Appears Ready To Strike Down Restrictive New York Gun Law

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OPINION: This article may contain commentary which reflects the author's opinion.


The U.S. Supreme Court appears poised to strike down a restrictive New York gun permitting law, which would be a major win for the Second Amendment and gun rights.

It appears that the conservative majority on the court will rule in favor of strengthening and expanding individual gun rights under the Second Amendment.

This comes as liberals are pushing for gun control measures following tragic shootings in New York and Texas.

“The conservative majority court is expected to rule in the coming days or weeks in a pending dispute over New York state’s tight limits on the concealed carry of handguns. Experts said that while it’s unclear just how broadly the Supreme Court would rule, the restrictive New York law is likely to be invalidated in a decision that could have ramifications for gun control efforts across the country,” The Hill reports.

“It does seem relatively clear that the court is going to strike down New York’s law and make it harder for cities and states to restrict concealed carry of firearms,” Adam Winkler, a professor at UCLA School of Law, told the outlet.

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Earlier this year, the Supreme Court heard arguments in the case over whether New York’s law violates the Second Amendment right to “keep and bear arms.”

Justice Samuel Alito suggested New York City citizens should be allowed to carry firearms on the subway late at night, for instance, while Roberts asked New York Solicitor General Barbara Underwood, “How many muggings take place in the forest?”

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Roberts and other conservative justices suggested New York’s law goes too far.

In one instance, Roberts asked whether a person seeking a license to carry a gun in public for self-defense has to show a special need to do so, another question suggesting he supports the Second Amendment.

“The idea that you would need a license to exercise a right is unusual with regard to the Bill of Rights,” Roberts said.

“Could a football stadium or a college campus be off-limits? What sort of place do you think they could be excluded from? Any place where alcohol is served?” Roberts asked.

“The New York law the court is reviewing has been in place since 1913 and says that to carry a concealed handgun in public for self-defense, a person applying for a license has to demonstrate “proper cause,” an actual need to carry the weapon. Applicants who get a license are either issued an unrestricted license, which gives them broad ability to carry a weapon in public, or a restricted license allowing them to carry a gun in certain circumstances. Those circumstances include hunting or target shooting, when traveling for work, or when in backcountry areas,” KTLA reported.

New York argued before the Supreme Court that striking down the restrictive gun law would have “devastating consequences for public safety.”

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