After NY law is struck down, two Utah experts sound off on gun rights

Jun 23, 2022, 6:00 PM | Updated: Dec 30, 2022, 11:20 am

buy-back guns...

FILE: The department can only offer up certain guns for sale. Jeffrey D. Allred, Deseret News

SALT LAKE CITY — The US Supreme Court struck down Thursday a New York gun law enacted more than a century ago placing restrictions on carrying a concealed handgun outside the home. Utah advocates on opposite ends of the gun debate weigh in on the court’s ruling over gun rights. 

“Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution,” Justice Clarence Thomas wrote for the court’s 6-3 majority as reported by CNN.

California, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island all have laws similar to New York’s. Those laws are expected to be quickly challenged, according to US News.

In 2021, Utah eliminated its permit requirement for concealed carry. Today, anyone 21 and older who can lawfully possess a firearm is free to carry a loaded, hidden firearm in public, according to Giffords Law Center.

Pro-gun rights viewpoint of Supreme Court ruling

Mitch Vilos, attorney and Utah gun expert, and later, Nancy Farrer Halden, board member of the Utah Gun Violence Prevention Center, joined KSL NewsRadio guest hosts Maura Carabello and Taylor Morgan to discuss the Supreme Court’s ruling Thursday.

Utah is a “shall issue” state, meaning that the Utah Department of Public Safety, Bureau of Criminal Identification (“BCI”) must issue a concealed firearms permit if the applicant is 21 years of age or older, within certain provisions outlined here.

Vilos said his interpretation of the recent Supreme Court’s ruling is that any law — such as the New York law — that is more restrictive than the “shall issue” statute is unconstitutional.

“I think it’s going to have a wave across the country, and a lot of the states — like New York, California, some of the more liberal states. Their constitutional carry policies will be struck down,” Vilos said.

“Are you at all concerned about the precedent it sets by having the federal court say, ‘Yes, there’ll be one legal standard for the entire nation,’ which essentially diminishes the ability of individual states to choose their own standard?'” Carabello asked.

“Well, it’s, it’s called the Second Amendment,” Vilos said.

“That’s not true. I mean, there are gun-law differentiations state by state . . . so this would be a significant national ruling that does essentially limit states from making their own rulings,” she replied.

Gun-control viewpoint of Supreme Court ruling

“Can you walk us through your understanding of this ruling and your reaction to it?” Morgan asked Nancy Farrer Halden, of the Utah Gun Violence Prevention Center.

“Recently, they [New York state] have enacted a lot of gun laws in that state, and it has gotten their gun crime under control. So, I would argue that in New York, this has done a good thing,” she said.

Halden said the New York law, before being struck down by the Supreme Court, allowed firearms inside the home, which, she said, was the original interpretation of the Second Amendment, but was expanded by the Court’s ruling in District of Columbia v. Heller.

“The gun law in New York says that you have to have a license to carry a gun. And that you have to show proper cause for carrying that gun outside the home,” she said. “Now, you can have a gun in your home to protect your home. And that is the original interpretation of the Second Amendment that guns were allowed in the home. The Supreme Court in the Heller decision expanded that somewhat, and with this decision [Supreme Court ruling on 06/23/2022] it’s been expanded even more.”

Related:

Dave & Dujanovic can be heard weekdays from 9 a.m. to noon. on KSL NewsRadio. Users can find the show on the KSL NewsRadio website and app, as well as Apple Podcasts and Google Play. 

We want to hear from you.

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

four-day school week...

Becky Bruce

Utah public school enrollment declines slightly statewide

Utah public school enrollment dropped about a half percent from 2021 to 2024 statewide, though some districts saw much larger gains and losses.

32 minutes ago

A sign welcoming people to the city of Ogden on 25th Street....

Verl Johansen

Ogden housing among 41 metro areas with inventory levels at or above pre-pandemic levels

Ogden housing availability makes the area one of 41 metro areas with supply at or above pre-pandemic levels.

2 hours ago

An electric shuttle at the Temple of Sinawava at Zion National Park. Zion National Park shuttles be...

Mariah Maynes

Zion National Park shuttles begin 2025 seasonal service in March

Zion National Park shuttles will begin regular operation on March 2, 2025.

3 hours ago

A FrontRunner train passes under a new pedestrian bridge at 300 North and 490 West, that crosses tw...

Shara Park, KSL TV

New video shows FrontRunner hit SUV stopped on tracks in Layton

A newly released video captured the moment an SUV was hit by a UTA FrontRunner train in Layton on February 4.

3 hours ago

A West Haven house fire killed one person on Feb. 11...

Mariah Maynes and Brian Carlson, KSL TV

West Haven house fire kills 1 person

One person is dead following a house fire in West Haven, Utah.

13 hours ago

Migrating swans fly in a Utah waterfowl management area. (Utah Division of Wildlife Resources)...

Mariah Maynes

Migrating swans will soon soar through Utah, here are 3 places you can see them

As warmer weather approaches, the Utah Division of Wildlife Resources recommends three areas to view migrating swans.

16 hours ago

Sponsored Articles

Full speed through the snow. A man on skis is pulled by his through the snow at full gallop Skijori...

Bear Lake Convention and Visitors Bureau

Get ready for an unforgettable skijoring adventure in Bear Lake!

“Skijoring the Bear” takes place this year on February 21-22 in Garden City, Utah.

the bedroom in a geodesic dome shows the night sky...

Clear Sky Resorts Bryce Canyon

Your front row to an extraordinary cosmos show

As America's first glass dome stargazing resort, Clear Sky Resorts Bryce Canyon is one of the world’s most unique and spectacular places to stay.

2 people huddled up in a blanket and warm clothes sipping hot chocolate...

Bear Lake Convention & Visitors Bureau

The best ways to spend your Christmas vacation in Bear Lake

If you're dreaming of a white Christmas this year, Bear Lake should definitely be on your radar. Read this guide for more!

big crowd of people under holiday lights in an outdoor market...

Western Nut

Our favorite family Christmas activities in Utah

We gathered up a list of our favorite activities, movies, and treats to try this holiday season that the whole family can enjoy.

an IT tech looks at a laptop in front of a server network...

Comcast Business

Tips to protect yourself from phishing attacks

Check out this resource from Comcast Business to learn more about phishing attacks and how to protect yourself from becoming a victim of one.

A surprise gift, wrapped and ready to bring holiday cheer! Whether for Christmas, a birthday, or an...

Western Nut

10 Holiday Gift Ideas to cover everyone on your list

This guide is for you if you need holiday gift ideas that will make a lasting impression. 

After NY law is struck down, two Utah experts sound off on gun rights