Supreme Court to hear first major Second Amendment case in a decade

United States Supreme Court 2021
Washington Examiner

The Supreme Court on Monday accepted for argument a New York Second Amendment case, the first major gun rights suit before the court in a decade.

The court accepted the case in an unsigned order, noting that the justices will consider only “whether the state’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.”

The case arose out of a dispute over New York licensing. As it stands, New York law requires applicants for a license to demonstrate “proper cause” and a “special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.” But several New York residents, as well as the New York State Rifle and Pistol Association, pushed back, arguing that such rules were unconstitutional.

Lower courts ruled in favor of the New York law before the case reached the Supreme Court. The court has not delivered a significant Second Amendment ruling since 2010. In 2019, however, it took up a case addressing New York City firearm transport restrictions. But the court tossed the case last year after the city changed its regulations.

At the time, several of the court’s conservative justices signaled that they would like to see the issue taken up. Justice Neil Gorsuch wrote in a dissent, joined by Justices Samuel Alito and Clarence Thomas, that he would like to see a similar case before the court. The addition of Justice Amy Coney Barrett led to intense speculation that the court would accept the most recent New York case.

The court’s acceptance of the case slightly narrows the scope of the Second Amendment questions presented. Instead of considering “whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense,” the justices will only examine whether New York’s law violates the Second Amendment.

The case’s acceptance comes one week after the court shut down a case attempting to extend firearm ownership to convicted felons.

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