ALL NEWS

Supreme Court to take on major gun rights case

Apr 26, 2021, 7:42 AM | Updated: 9:23 am

supreme court gun rights...

A police officer walks outside the Supreme Court on Capitol Hill in Washington, Monday, July 6, 2020. (AP Photo/Patrick Semansky)

(AP Photo/Patrick Semansky)

WASHINGTON — The Supreme Court will take on a major gun rights case in the form of New York State Rifle and Pistol Association v. New York State Police Superintendent Keith Corlett in the court’s next term.

Supreme Court to consider gun rights question

Plaintiffs in the case include a New York gun-rights group and Robert Nash and Brandon Koch, two New York men who tried to obtain a license to carry a firearm in public; they contend their denial on grounds they did not show an “actual and articulable” need to carry violates their Second Amendment rights.

The question originally submitted to the Court by the plaintiffs said the state of New York denies “ordinary law-abiding citizens from carrying a handgun outside the home without a license, and it denies licenses to every citizen who fails to convince the state that he or she has ‘proper cause’ to carry a firearm.”

Perhaps the single most important unresolved Second Amendment question after this Court’s landmark decisions in District of Columbia v. Heller and McDonald v. City of Chicago, is whether the Second Amendment secures the individual right to bear arms for self-defense where confrontations often occur: outside the home.

Precedents at stake

This question over an individual’s right to carry a firearm for self-defense, the plaintiffs said, was previously decided by the court in the cases of District of Columbia v. Heller, and in McDonald v. Chicago. But they contend appeals courts still show divisions on the subject.

In the Heller case, the Supreme Court held that a ban on handguns in DC violated the Second Amendment. With McDonald, the court ruled the Fourteenth Amendment makes the Second Amendment right to self-defense applicable to the states. 

Their argument cited those differences in requesting a ruling specifically on this question, to clear up confusion.

“The question presented is: Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense,” they wrote.

Opposing views

In her brief of opposition, New York Attorney General Letitia James said courts have held that the right to carry firearms in public is not unlimited, and that the law in question has existed in the state since 1913. 

“The law has existed in the same essential form since 1913 and descends from a long Anglo-American tradition of regulating the carrying of firearms in public,” James wrote.

She explained that New York Courts include target practice, hunting and self-defense as possible “proper cause” for a license. Additionally, she added, a licensing officer can stipulate the license only applies to those activities. 

For an unrestricted license, James said lower court rulings indicate the applicant must show “an actual and articulable — rather than merely speculative or specious — need for self defense.” 


 

 

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

All News

Left: Actor Tom Wilson performs onstage in May 2005, (Frazer Harrison, Getty Images) Right: Crispin...

Jeff Caplan

Jeff Caplan’s Minute of News: Do bullies grow up to make more money?

A new study from the University of Essex found that schoolyard bullies grow up to make more money.

13 minutes ago

"Godzilla x Kong" could have gone without a number of special effects....

Steve Salles

KSL Movie Show review: ‘Godzilla x Kong’ would have been better with more story, less flash

The non-stop, splashy action of 'Godzilla x Kong' started to run together like a psychedelic, neon-tinted kaleidoscope.

43 minutes ago

Louis Gosset Jr....

BETH HARRIS Associated Press

Louis Gossett Jr., 1st Black man to win supporting actor Oscar, dies at 87

Actor Louis Gossett Jr. has died at the age of 87. He won an Oscar and an Emmy winner for his role in the seminal TV miniseries "Roots".

45 minutes ago

easter egg basket shown, easter spending will be in the billions in the us...

Peter Johnston

Easter spending could bring a $22 billion golden egg for retailers

Easter spending might not be as high this year compared to 2023 but Americans are still expected to spend $177 each on the holiday.

1 hour ago

a person pumps gas, which is expected to lower in price in 2023...

Andrew Adams, KSL TV

Data shows significant uptick in gas prices over past month in Salt Lake area

AAA gas prices showed Utah with an average price of $3.77 as of Thursday morning, up from nearly $3.13 a month ago.

1 hour ago

planting trees in a container...

Mitchell von Puttkammer

Dig, clip, water: Planting trees in the spring

It's a great time of year to plant trees, but where do you start? KSL Greenhouse Hosts Maria Shilaos and Taun Beddes dig up everything you need to know to get started.

2 hours ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Supreme Court to take on major gun rights case