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

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

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

DON'T MISS

Fresno Unified Faces New Legal Claim Alleging Top Official Trapped Employee in Car

DON'T MISS

Clovis Police Arrest Two in Connection to Caleb Quick’s Murder

DON'T MISS

Elizabeth Smart Shares Harrowing Kidnap, Assault Experience with Fresno

DON'T MISS

US Military Ordered to Pull Books on Diversity, Gender Issues

DON'T MISS

Fresno County Authorities Seek Public’s Help in Huron Homicide

DON'T MISS

UN Agencies Warn That Israel’s Plans for Aid Distribution Will Endanger Lives in Gaza

DON'T MISS

Fresno Police Officer Arrested on Sexual Battery Charges

DON'T MISS

Mayor Baraka of Newark, New Jersey, Arrested at ICE Detention Center He Has Been Protesting

DON'T MISS

FDA Will Allow Three New Color Additives Made From Minerals, Algae and Flower Petals

DON'T MISS

Pentagon Directs Military to Pull Library Books That Address Diversity, Anti-Racism, Gender Issues

UP NEXT

Leo XIV’s Service to Poor Propelled Him to Papacy, Cardinals Say

UP NEXT

Nitrous Oxide Recreational Use Risks: Brain Damage, Death, and Easy Access

UP NEXT

Former Supreme Court Justice David Souter, a Republican Who Became a Liberal Darling, Dies at 85

UP NEXT

Pope Leo XIV Celebrates First Mass as Pope and Calls His Election Both a Cross and a Blessing

UP NEXT

Selma Bear Sighting Prompts Police, Wildlife Response

UP NEXT

Republicans’ Trust in Media Increases Following Trump’s Return to White House

UP NEXT

Rejoicing Peruvians See Pope Leo XIV as One of Their Own After His Many Years in Peru

UP NEXT

Shohei Ohtani Could Have Landed 15-Year Deal, Agent Says, but He Didn’t Want to Risk Skills Decline

UP NEXT

Joe Biden Blames Kamala Harris’ Loss on Sexism and Racism and Rejects Concerns About His Age

UP NEXT

Before Tariff Price Increases, Mark Cuban Suggests Stocking Up on These Items

US Military Ordered to Pull Books on Diversity, Gender Issues

11 hours ago

Fresno County Authorities Seek Public’s Help in Huron Homicide

12 hours ago

UN Agencies Warn That Israel’s Plans for Aid Distribution Will Endanger Lives in Gaza

12 hours ago

Fresno Police Officer Arrested on Sexual Battery Charges

13 hours ago

Mayor Baraka of Newark, New Jersey, Arrested at ICE Detention Center He Has Been Protesting

13 hours ago

FDA Will Allow Three New Color Additives Made From Minerals, Algae and Flower Petals

13 hours ago

Pentagon Directs Military to Pull Library Books That Address Diversity, Anti-Racism, Gender Issues

13 hours ago

Fresno Pays the Most for Electricity. What Are Lawmakers Doing About It?

13 hours ago

Freed Palestinian Student Accuses Columbia University of Inciting Violence

13 hours ago

First At-Home Test Kit for Cervical Cancer Approved by the FDA, Company Says

13 hours ago

Fresno Unified Faces New Legal Claim Alleging Top Official Trapped Employee in Car

Fresno Unified trustees on Wednesday will hear a claim for damages from a campus safety officer who alleges her supervisor, a top district o...

9 hours ago

9 hours ago

Fresno Unified Faces New Legal Claim Alleging Top Official Trapped Employee in Car

9 hours ago

Clovis Police Arrest Two in Connection to Caleb Quick’s Murder

11 hours ago

Elizabeth Smart Shares Harrowing Kidnap, Assault Experience with Fresno

U.S. Secretary of Defense Pete Hegseth attends a cabinet meeting at the White House in Washington, D.C., U.S., April 10, 2025. REUTERS/Nathan Howard/File Photo
11 hours ago

US Military Ordered to Pull Books on Diversity, Gender Issues

Fresno County authorities are seeking the public’s help to find the suspect who killed Jesus Adrian Amador Jr., 22, of Huron, in a 2017 shooting. (Fresno County SO)
12 hours ago

Fresno County Authorities Seek Public’s Help in Huron Homicide

12 hours ago

UN Agencies Warn That Israel’s Plans for Aid Distribution Will Endanger Lives in Gaza

Photo of the front of Fresno Police Headquarters
13 hours ago

Fresno Police Officer Arrested on Sexual Battery Charges

13 hours ago

Mayor Baraka of Newark, New Jersey, Arrested at ICE Detention Center He Has Been Protesting

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

Search

Send this to a friend