Supreme Court justices, citing the “right to bear arms” in the 2nd Amendment, on Wednesday expressed their readiness to repeal laws in New York and California that prohibit most gun owners from allowing concealed weapons in public.
Most judges said that people living in “high crime areas” and fearing for their safety should be allowed to carry weapons in self-defense. And they said that this applies equally to people who live in both cities and rural areas.
Judge Samuel A. Alito Jr. pointed to “ordinary, hardworking people who work late at night in Manhattan” and “scared to death” when they head home. “How does this fit with the basic right to self-defense” if they are denied permission to carry weapons, he asked.
Judge Brett M. Cavanaugh agreed. If people say, “I live in an area where there is violence and I want to be able to defend myself,” the second amendment assumes that they have the right to carry weapons in self-defense.
In their comments and questions, six conservative judges said they were skeptical of state and local officials who refuse to issue weapons permits to law-abiding residents.
Only three liberal judges have defended laws that severely limit the range of individuals who can obtain permission to carry concealed weapons.
However, the judgment in the New York case could have been limited. Judges, both conservative and liberal, have said they will not prevent cities or states from imposing gun bans in “vulnerable spots,” including subways, football stadiums and other locations.
What about Times Square in New York City on New Year’s Eve, Judge Amy Connie Barrett asked.
Washington’s lawyer Paul Clement, who represented gun owners, agreed that the city retained the right to restrict the use of guns in certain locations.
Discussed on Wednesday were laws in New York, California and six other states that limit the range of individuals who can obtain a license to carry a concealed pistol in public.
Usually, gun owners are required to show that they have a “special need” or “good reason” to be armed, and not just a general fear for their safety. In New York and Los Angeles, such permits are rarely issued.
In the past decade, the high court has dismissed objections to these laws. But with the arrival of Judges Cavanaugh and Barrett, the court voted to hear the case in New York.
It all started when Robert Nash and Brandon Koch, who live near Albany, New York, applied for a general concealed carry permit, but the district judge denied them because they “did not encounter any particular person or unique danger. ” However, they were allowed to carry weapons for hunting or target shooting.
They were suing the New York State Shooters and Pistols Association, claiming the restrictions violated their 2nd Amendment right to carry a gun in self-defense.