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Today, the U.S. Supreme Court granted review in New York State Rifle & Pistol Association v. Corlett (now v. Bruen), a case challenging the constitutionality of New York State’s concealed carry licensing scheme. The case argues that New York’s “may issue” licensing scheme violates individuals’ Second Amendment-protected rights—but could mean a lot more for gun rights across the nation.
If the name New York State Rifle & Pistol Association (NYSRPA) sounds familiar, that’s because a little over two years ago (in January 2019), the Supreme Court granted review in a prior NYSRPA case. That case sought to overturn New York City’s restrictive transportation ban on firearms licensed within city limits.
NYSRPA v. City of New York was the first gun rights case the Supreme Court agreed to hear since the landmark case of McDonald v. Chicago in 2010 (yes, the Supreme Court decided the Second Amendment case Caetano v. Massachusetts in 2016, and while still important, that was on a per curiam basis and involved a taser, not a firearm).
But after the Supreme Court granted certiorari in 2019, NYC did everything it could to avoid the Court’s review. NYC amended the challenged law and the state of New York passed a law purportedly preventing the city from reverting to its old restriction. At oral argument, the question of mootness—whether there remained an active, viable legal issue that must be resolved by the Court—became front and center.
Eventually, the Supreme Court determined the issue may have been moot and sent the case back to the district court for additional analysis. And then, to rub salt in the wound, the Court denied ten other pending Second Amendment cases before it, forcing many to question where a certain Chief Justice may fall on the Second Amendment issue.
Eleven months later and the Court has decided to wade back into these troubled waters. And in a bit of poetic justice, it’s NYSRPA that gets a new opportunity to change our national Second Amendment jurisprudence.
So, what is this new case about?
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New York State generally prohibits the carriage of a firearm in public—both openly and concealed. An individual can only carry a firearm concealed if they apply for and receive a license issued by a state “licensing officer.” But in New York, a concealed carry license isn’t so easy to come by.
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