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Supreme Court strikes down century-old
New York law, dramatically expanding Second
Amendment rights to carry guns outside
the home

Original Article

Posted By: DVC, 6/24/2022 2:07:30 PM

The Supreme Court on Thursday declared that the US Constitution protected an individual's right to carry a gun outside the home for self-defense purposes [snip] In an opinion delivered by Justice Clarence Thomas, the court's conservative majority supported the view that New York's rule violated the Constitution. "We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need," Thomas wrote. "That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant's right to confront the witnesses against him.


A pretty good look at yesterday's decision on gun rights. Most of the media sources keep repeating the "expanding gun rights" myth. In reality, this is RECOVERING gun rights that have been illegally suppressed for many decades. Th rights have always been there.
Of course, a lot of the hysteria over Roe being overturned is driving the good news about gun rights a bit into the background.
Both are welcomed improvements.
Both cause much hysteria in the leftists.

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Reply 1 - Posted by: DVC 6/24/2022 2:16:07 PM (No. 1195752)
NOT "dramatically expanding". Only eight states plus NY had these antiquated, unconstitutional restrictions on the right to carry a gun for self defense in public. Fully half of all states require NO PERMIT to carry a gun for self defense, if you can legally own it, you can legally carry it concealed. So, absolutely not 'dramatically expanding' except to those dim provincialists who live in NY, California, Connecticut, Rhode Island, Massachusetts, Delaware, Hawaii, Maryland and New Jersey - and are blissfully ignorant that the overwhelming majority of Americans have been free of these onerous and unconstitutional laws for years and years. The majority of the media folks live in these few states and they imagine that these laws are universal, when in fact, only one
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Reply 2 - Posted by: DVC 6/24/2022 2:19:24 PM (No. 1195756)
finishing the post: ...only one quarter of all Americans live under these onerous rules. Erasing them for the last 25% will take a few more cases, one for each state, but they should be settled at the level of the first federal judge who hears a case, after his ruling has clarified that these laws are unconstitutional. So, each of those states in the list, other than NY will have to have a case filed to overturn their gun laws. My bet is that these cases will be filed in a few days or weeks in each of those states. Objective standards are now required.
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Reply 3 - Posted by: NYbob 6/24/2022 2:20:56 PM (No. 1195757)
OP is exactly right. NY and others have been defying the natural right of self defense to citizens for over a hundred years. Totally unconstitutional, but no one stopped them until now. FINALLY NY and other tyrant states will have to at least try and follow the constitution while they continue to use criminal gun crimes to harass citizens who obey the law, even illegal, unconstitutional laws. Appointee Hockill really ought to punish gun CRIME instead of raving about imagined crimes responsible NY citizens will commit. That awful women is too stupid to understand that NY handgun owners commit less crime than NY police commit. It is the criminals who rats plea bargain for or simply release back into society, that cause the gun crimes and the rats do nothing for decades to stop them.
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Reply 4 - Posted by: Dodge Boy 6/24/2022 3:13:09 PM (No. 1195801)
While not sure why the SCOTUS even thought murdering the unborn was within its Constitutional purview in 1973 in the first place, the lefties can now look to their blue states for salvation and make sure their male/female/tranny legislators will or have already protected the right to murder unborn children.
1 person likes this.

Reply 5 - Posted by: offrope 6/24/2022 4:27:52 PM (No. 1195883)
I'm wondering if my CCW issued in Pennsylvania will now be honored in all states instead of just most other states? Currently I can't carry in NY, NJ, or MD, and several other states.
1 person likes this.

Reply 6 - Posted by: DVC 6/24/2022 5:42:18 PM (No. 1195947)
Re #5, this is a separate issue, and we need a good case for SCOTUS, it is clear in the Constitution. basically Article IV, Section 1, requires that all states’ decisions, public records, and rulings be honored in all the other U.S. states. This is why your driver's license, issued in your state, is valid in the other 49 states. Your concealed carry permit SHOULD work the same way, but reciprocity is not done correctly for CCW permits at this point. A few years ago, a law was in Congress to force this, but the usual antigun Dems with the assistance of the usual RINOs, and IIRC McConnell, bottled up the bill so it went nowhere. This can be solved in Congress or in the courts. IIRC, almost none of the "may issue" states which are subjected to this ruling will honor any out of state permits. And even some "shall issue" states which are pretty good for letting their own citizens get a permit will not honor ANY out of state permits. Oregon, Illinois and DC all have shall issue, but won't honor my out of state CCW permits. Of course, California, Connecticut, Rhode Island, NY, Maryland, New Jersey, New York, will NOT honor any out of state permits, and barely will issue permits at all. In fact, Hawaii, apparently issues NO permits at all even though they technically could. The oddest one I can think of is Idiot Joe's state of Delaware, where the law says "may issue" but apparently they actually function as a "shall issue" state, and if you are legally able to own a gun you get the permit. And Delaware does honor permits of other states that honor Delaware's permits, and so, since Kansas honors all permits, I can carry in "may issue" Delaware. This is an anomaly, for sure.
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Reply 7 - Posted by: WV.Hillbilly 6/24/2022 11:07:11 PM (No. 1196255)
They didn't EXPAND anything. They CONFIRMED the right of people to carry arms.
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Reply 8 - Posted by: SkeezerMcGee 6/24/2022 11:23:09 PM (No. 1196266)
Justice Thomas' opinion holds that governments cannot require a permit to OPEN CARRY arms. If you own it or can use it, you can open carry it without any permit to open carry it. Although justice Thomas studiously avoided the question of CONCEAL carrying, its seems certain that the Second Amendment does NOT prohibit governments from requiring a permit to carry CONCEALED arms. His opinion includes, "Throughout modern Anglo-American history, the right to keep and bear arms in public has traditionally been subject to well-defined restrictions governing the intent for which one could carry arms, THE MANNER OF CARRY, or the exceptional circumstances under which one could not carry arms." And his opinion includes, "Finally, States could lawfully eliminate one kind of public carry--concealed carry--so long as they left open the option to carry openly." [BOLD text emphasis added]. Another result WILL BE that persons who can lawfully own and/or can lawfully use arms will be allowed to OPEN CARRY such arms throughout the U.S. without any permit to open carry, subject to, at least, the "sensitive places" laws of each state into which the relevant arm(s) is/are carried. Various states are going to have different law provisions regarding the TYPES of arms that can be OPEN carried, and probably different provisions regarding arms that can be CONCEAL carried. Per justice Thomas' opinion, it seems certain only that commonly carried HANDGUNS will be protected in this regard by the Second Amendment, but beyond those it's anybody's guess. So-called "Assault Weapons" should be interesting. Possible results may be: 1. If a state does not require any conceal carry permit regarding its residents or its state citizens, such state will NOT require any arm carrier to have any conceal carry permit whatsoever (to carry arms that can be lawfully conceal carried in the respective relevant state). 2. Absent a future federal statute, states ("Requiring States") that require its residents/citizens to acquire a conceal carry permit will probably NOT honor conceal carry permits issued by another state UNLESS the requisite criteria of the relevant other state are "substantially similar" to the required criteria of relevant Requiring State, or possibly (?) some future "All States Concealed Carry Permit" issued by the federal government and/or by some other entity.
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