Please ensure Javascript is enabled for purposes of website accessibility
Supreme Court to Take up Right to Carry Gun for Self-Defense
gvw_ap_news
By Associated Press
Published 4 years ago on
April 26, 2021

Share

WASHINGTON — The Supreme Court agreed on Monday to hear an appeal to expand gun rights in the United States in a New York case over the right to carry a firearm in public for self-defense.

The case marks the court’s first foray into gun rights since Justice Amy Coney Barrett came on board in October, making a 6-3 conservative majority.

Court to Review New York’s Gun Permit Law

The justices said Monday they will review a lower-court ruling that upheld New York’s restrictive gun permit law. The court’s action follows mass shootings in recent weeks in Indiana, Georgia, Colorado and California.

The case probably will be argued in the fall.

The court had turned down review of the issue in June, before Justice Ruth Bader Ginsburg’s death.

New York is among eight states that limit who has the right to carry a weapon in public. The others are: California, Delaware, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island.

In the rest of the country, gun owners have little trouble legally carrying their weapons when they go out.

Paul Clement, representing challengers to New York’s permit law, said the court should use the case to settle the issue once and for all. “Thus, the nation is split, with the Second Amendment alive and well in the vast middle of the nation, and those same rights disregarded near the coasts,” Clement wrote on behalf of the New York State Rifle & Pistol Association and two New York residents.

Calling on the court to reject the appeal, the state said its law promotes public safety and crime reduction and neither bans people from carrying guns nor allows everyone to do so.

‘Government Has the Power to Regulate Arms in the Public Square’

Federal courts have largely upheld the permit limits. Last month an 11-judge panel of the federal appeals court in San Francisco rejected a challenge to Hawaii’s permit regulations in an opinion written by a conservative judge, Jay Bybee.

“Our review of more than 700 years of English and American legal history reveals a strong theme: government has the power to regulate arms in the public square,” Bybee wrote in a 7-4 decision for the 9th U.S. Circuit Court of Appeals.

The issue of carrying a gun for self-defense has been seen for several years as the next major step for gun rights at the Supreme Court, following decisions in 2008 and 2010 that established a nationwide right to keep a gun at home for self-defense.

In June, Justice Clarence Thomas, joined by Justice Brett Kavanaugh, complained that rather than take on the constitutional issue, “the Court simply looks the other way.”

But Barrett has a more expansive view of gun rights than Ginsburg. She wrote a dissent in 2019, when she was a judge on the federal appeals court in Chicago, that argued that a conviction for a nonviolent felony — in this case, mail fraud — shouldn’t automatically disqualify someone from owning a gun.

She said that her colleagues in the majority were treating the Second Amendment as a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”

RELATED TOPICS:

DON'T MISS

Wired Wednesday: CEMEX’s New Mining Plan for the San Joaquin River

DON'T MISS

Trump Fires NSC Officials a Day After Far-Right Activist Raises Concerns to Him

DON'T MISS

China Halts Approvals for New US Investment Projects

DON'T MISS

Measles Spreads to Central Texas; 5 States Have Active Outbreaks

DON'T MISS

Trump Tariff Fears Erase $2 Trillion From US Stocks

DON'T MISS

Startup Offers Controversial Microplastic Blood Cleansing Treatment

DON'T MISS

Senate Confirms Mehmet Oz to Take Lead of Medicare and Medicaid Agency

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Pence Will Receive the Profile in Courage Award From the JFK Library for His Actions on Jan. 6

DON'T MISS

Politics Turns Ugly for a Conservative Running for Fresno State Student Body President

UP NEXT

Startup Offers Controversial Microplastic Blood Cleansing Treatment

UP NEXT

Pence Will Receive the Profile in Courage Award From the JFK Library for His Actions on Jan. 6

UP NEXT

Flores Homers, Matos and Wade Also Go Deep to Help Giants Cap Sweep of Astros

UP NEXT

Trump Proposes Tax Deduction for Auto Loan Interest on US-Made Cars

UP NEXT

Western US Sees Sharp Increase in Extreme Weather Impact

UP NEXT

7-Year-Old Girl Was Killed by a Falling Boulder at a Lake Tahoe Ski Resort

UP NEXT

Elon Musk Reclaims Top Spot on Forbes’ Billionaires List

UP NEXT

Lakers Hold Off Rockets With 6 3-Pointers Apiece From Dorian Finney-Smith, Gabe Vincent

UP NEXT

Athletics Bat Boy Stewart Thalblum Takes Down Drone in Left Field

UP NEXT

NFL Postpones Tush Push Decision but Passes Other Rule Changes, AP Source Says

Measles Spreads to Central Texas; 5 States Have Active Outbreaks

14 hours ago

Trump Tariff Fears Erase $2 Trillion From US Stocks

14 hours ago

Startup Offers Controversial Microplastic Blood Cleansing Treatment

14 hours ago

Senate Confirms Mehmet Oz to Take Lead of Medicare and Medicaid Agency

15 hours ago

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

17 hours ago

Pence Will Receive the Profile in Courage Award From the JFK Library for His Actions on Jan. 6

17 hours ago

Politics Turns Ugly for a Conservative Running for Fresno State Student Body President

17 hours ago

Pentagon’s Watchdog to Review Hegseth’s Use of Signal App to Convey Plans for Houthi Strike

17 hours ago

President Trump’s Tariffs Could Be the Political Tipping Point

19 hours ago

Order That Kept Water in the Kern River Reversed by 5th District Court of Appeal

19 hours ago

Wired Wednesday: CEMEX’s New Mining Plan for the San Joaquin River

GV Wire’s Edward Smith talks with KMPH Fox 26 “Great Day” anchor Christina Rodriguez about the possibility of CEMEX digging a 600-foot hole ...

13 hours ago

13 hours ago

Wired Wednesday: CEMEX’s New Mining Plan for the San Joaquin River

President Donald Trump speaks during an event to announce new tariffs in the Rose Garden at the White House, Wednesday, April 2, 2025, in Washington. (AP/Mark Schiefelbein)
13 hours ago

Trump Fires NSC Officials a Day After Far-Right Activist Raises Concerns to Him

14 hours ago

China Halts Approvals for New US Investment Projects

14 hours ago

Measles Spreads to Central Texas; 5 States Have Active Outbreaks

14 hours ago

Trump Tariff Fears Erase $2 Trillion From US Stocks

14 hours ago

Startup Offers Controversial Microplastic Blood Cleansing Treatment

Dr. Mehmet Oz, President Donald Trump's pick to lead the Centers for Medicare and Medicaid Services, seated right, gives a thumbs-up alongside his wife Lisa Oz, seated left, with friends and family after he testified at his confirmation hearing before the Senate Finance Committee, on Capitol Hill in Washington, Friday, March 14, 2025. (AP/Ben Curtis)
15 hours ago

Senate Confirms Mehmet Oz to Take Lead of Medicare and Medicaid Agency

17 hours ago

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

Help continue the work that gets you the news that matters most.

Search

Send this to a friend