Newsline

Newsline , Society

Supreme Court on Gun Rights

Posted on Friday, November 12, 2021
|
by AMAC, Robert B. Charles
|
49 Comments
|
Print
gun

The Supreme Court just heard arguments in a gun rights case – that could change everything, reaffirming the fundamental “right to carry.”  What chances? What possible effects?

The case, New York Rifle & Pistol Association v. Bruen, raises a cornerstone question:  How can a state restrict the constitutional right to carry? Must a citizen “show cause” to carry a firearm?

Questions were blistering. Justices Alito, Kavanaugh, and Roberts pressing New York and Biden Administration to defend restrictions on personal gun carrying. Self-defense loom large.

To some, this may all seem unimportant, but the case is very important for multiple reasons.

For backdrop, 31 states permit “open” carrying without a permit. Five and DC block open carrying – including New York.  Six have restrictions, 15 require a permit for “open” carry.

Separately, 20 states permit “concealed” carrying with no permit. These are “constitutional carry” or “unrestricted” states. That group falls within a larger group when permits “shall” be issued is asked, zero or minimal restriction. See, e.g., Concealed carry in the United States.

A final group, of which New York is one, is called “may issue” states.  There are nine. Here, the state can make getting a concealed carry permit very hard, nearly impossible. New York is viewed as so restrictive it is “no issue” – and there is the rub. New York, California, Massachusetts, New Jersey, and Hawaii are so difficult; the right seems suffocated.

So, given this constitutional challenge to restrictions in New York, what chances the High Court widens the scope of carrying rights?  Scholars argue, but at least four justices had to say “yes” to hear the case.  Questions of both New York and Biden’s team were tough. These states are objective outliers, and crime is way up due to Democrat-led “defund police” campaigns.

Homicides are at records in dozens of cities, while police recruiting, retention, and response times are down, driven lower by Biden mandates forcing vaccines on reluctant officers.

In parallel, gun and ammunition sales are way up – many first-time buyers, women, and minorities – as citizens seek protection. All this argues for self-defense and the defense of others.

A ruling this year could be narrow, pushing New York to stop tight restrictions on concealed carry – or could be broad and force an end to “no issue” and “may carry” laws.  That might cause all states to permit all citizens the basic right to concealed carry, if not to open carry.

Of course, the High Court could favor New York, encouraging states to become more restrictive, but that seems unlikely – the ruling and response.

A few added facts may inform the Court, suggesting the effects of a ruling against New York.  Generally, municipalities are safer when citizens prioritize self-defense and where gun ownership is higher.

Right to “carry” laws appear to lower crime, with gun homicides 10 percent lower in concealed carry states – likely due to elevated deterrence. Some states are considerably lower.

For example, after Florida allowed concealed carry, the homicide rate went from 36 percent above the national average to four percent below.  In Texas, murder rates dropped 50 percent faster than the national average; rapes dropped 93 percent faster in the first year, 500 percent faster the second year.

Conversely, crime is higher in states that restrict carrying guns than in those without restrictions.  How much higher? In aggregate, states without concealed carry have a robbery rate 105 percent higher; murder 86 percent higher, assault 82 percent higher, violent crime 81 percent higher, auto theft 60 percent higher, and rape 25 percent higher. See, e.g., Concealed Carry.

Point? When criminals worry about citizen firearms, they are deterred, either not committing the crime or doing so in another state. Deaths from mass shootings are also lower in carrying states.

Historic data broadly supports this hypothesis, as lower violent crime rates correlate historically with wider gun ownership.

Stepping back 20 paces, what does this add up to? Several encouraging observations.

First, with a 5-4 majority of judicial conservatives on the High Court, textualists who respect the Constitution’s original intent, plain meaning, or historical interpretation – four voting to hear the case– the presumption is that a big ruling could be in store.

Second, the state in question – New York – and the Biden legal position are “outliers,” only a small number of states restricting Second Amendment rights as New York does.

Third, the threat environment, rising violent crime, and citizen justification for self-defense could play into the evaluation of urgency in upholding this right.  New York is less safe than years ago.

Fourth, the fact that police are undermanned, down-funded, facing challenges in recruitment, training, retirement, and response – not to mention facing intense scrutiny, could mean that citizen rights to “keep and bear arms,” including to carry them, become more important.

Net-net, the High Court is under scrutiny itself, some in the Biden Administration and Congress aiming to disarm it with political packing, but this year could see major rulings – on abortion and property rights, religion to Second Amendment. This case might be big. Like on a dark New York City street, anything could come around that corner.

We hope you've enjoyed this article. While you're here, we have a small favor to ask...

The AMAC Action Logo

Support AMAC Action. Our 501 (C)(4) advances initiatives on Capitol Hill, in the state legislatures, and at the local level to protect American values, free speech, the exercise of religion, equality of opportunity, sanctity of life, and the rule of law.

Donate Now
Share this article:
Subscribe
Notify of
guest
49 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Boz
Boz
2 years ago

SCROTUS is compromised.

Lawrence Greenberg
Lawrence Greenberg
2 years ago

For more than 40 years now, every time I hear about an argument or court case regarding the rights guaranteed by The Second Amendment, I ask this simple question: Just where in the wording of The Second Amendment is there even a remote suggestion that there is any provision for exceptions, limitations, or restrictions? Anyone?

Jesse Tiede
Jesse Tiede
2 years ago

I’ll never understand why there was ever a problem, in the first place? What part of “Shall NOT Be Infringed” is so hard to understand???

Denise
Denise
2 years ago

“An armed society is a polite society”. Maine and Vermont have no state firearms restrictions…in the past 3 years they were ranked #1 and #2 safest states in the nation. About 5 years ago El Paso was in the top 5 safest cities…my brother has lived there 19 years and about 85% of the citizens carry…even tho’ it’s on the Juarez border…it’s not and has never been about “gun (sic)violence”. It’s about dictatorial control by power hungry politicians. Our criminal justice system has been deliberately dumbed down over the last 3 decades while more and more “laws” have been enacted on our gun rights…on law abiding citizens. If one will do some research on violent crime you will see that DEMOCRAT controlled states have the highest and worst violent crimes. They also have a massive welfare system, lousy schools etc. It’s by design.
A wise man said long ago:Dictators since the dawn of time have been sensitive to arms in the hands of the people.”
Many nations going back over 100 years have disarmed citizens. Over 55 million murdered by governments. The Jews were forced to “register” their guns when Hitler took over. Of course the Gestapo knew exactly where to round them up for extermination.
Ayn Rand said some time ago; “There is no difference between communism and socialism, except in the means of achieving the same ultimate end: Communism proposes to enslave men by force, socialism – by vote. It is merely the difference between murder and suicide.”
The ultimate reason for “defunding” our police is to replace them with government enforcement. Get the book “Ruled for Radicals” if it’s still available…it’s all about destroying our Constitutional Republic and everything it was built on.

Ken G
Ken G
2 years ago

An excellent article loaded with facts. Let’s hope the SCOTUS does the right thing and issues a broad ruling that will allow all law-abiding citizens to carry.

Bill on the Hill
Bill on the Hill
2 years ago

Yes an important issue, people absolutely have the right to defend themselves…
Lest we forget, SCOTUS determined that the 2020 US Presidential Election FRAUDULENCE had NO legal standing…That is the one that will forevermore stick in my craw where the highest court in the land is concerned…
Back to reality: I reference the UK & Australia here: Using New York as a perfect example, the criminals carry weapons of their choice with the end results of murder & attempted murder, all forms of mayhem & the individual cannot arm themselves to protect life & limb? Only in NY & other states as well…
How the SCOTUS rules on these issues, whichever way it goes, I take with a very LARGE grain of salt at this point..
I for one have put scotus into the realm of irrelevance moving forward for what they ALLOWED to happen in our once scared elections…
Bill on the Hill… :~)

Denise
Denise
2 years ago

The term “gun violence” is a favorite “ad nausaum” of the left and the seriously thought challenged. The next time someone uses that expression give them a lesson in physics. IF my gun can load itself, walk out the door under it’s own power, pick a target, pull it’s own trigger and then come home, empty out it’s spent casings and then put itself back in the holster….then….that would indicate that my truck can magically start itself, put itself in 1st gear and then as it gains speed, shift the other 4 gears, pick out an offending target, smash into it, then put itself in reverse, straighten out it’s front wheels and then come home, open the garage door and put itself away….right?
That should also apply to and include “knife violence”, “rock violence”, “iron skillet violence”, “baseball violence”….right?

J. Farley
J. Farley
2 years ago

THE SECOND AMENDMENT: what does it say!
The second amendment is really broken down in two parts, the first part says- A well regulated Militia necessary for the security of a free state- We might all agree that that refers to the modern-day armed forces and the National Guard, and the State and even the Local
Sheriffs and Police. The second parts reads – The right of the People to keep and bear arms shall not be infringed- (The definition of infringed – To actively break the terms of a law or agreement – or undermine something) This is an Individual right as it is in the 1st and 4th and 5th amendments that have no restrictions. My point is that all laws that control arms are unconstitutional, and I believe that as I think it was stated from, Justice Scalia that the only way you can lose that right is on an individual base’s for comitting such egregious act that you can not be trusted with a weapon of any kind, but not to social standing, rich or poor, if iI read the words and understand the english languge this is an absoulte Constitutional provsion and ANY law that has been passed is unconcstitutional.

Luke
Luke
2 years ago

Since around 1968 (and earlier) the Constitution has been circling the drain. This fraudulent administration is the culmination of a communist/socialist/fascist mind-set among politicians, (largely democrats) that has been removing privileges and rights from taxpayers in the name of ‘the people’. And, every time they signal virtue by legislation designed ‘ for the people ‘ the people lose. Now, it FINALLY occurs to the supreme court that they should examine states rights regarding 2A. Fifty-two years of hacking away at it might be too late.

Regardless – I don’t care. I’ll carry concealed when it serves MY OWN protection and the protection of MY LOVED ONES. And, screw any politician or judge who doesn’t like it.

Jim Jolly
Jim Jolly
2 years ago

I think the reason to carry is evident. Police have been cut back so far that they can not be depended on. The decrease in percentages of decrease across the board are also a reason to protect the right to carry.

Willy E
Willy E
2 years ago

IMHO, it is high time that American people quit screwing around with the Constitution and eliminate the foreign US corporations an restore our United States of America to what it was back in the 1860s, and elect a real President rather than a fake corporate trust CEO or administrator like Biden and his regime. The original US Constitution is the real law of the land, is fine with me, and it is all we need. Restore our sovereignty and fly our real flag rather than a “gold fringed” maritime and military flag. Read the Flag Rules and Etiquette for the American Flags.

D S mitch
D S mitch
2 years ago

When people don’t have depend on senile Democrats who are poster children of white privilege would look like if it existed, the people are safer because unlike politicians, people think and are rational. After all Democrat law makers ban themselves from being within 1000 yds of a gun for a year, if they live, they can talk about it. Until then, murderers like Shawn Penn and WHITE Democrats with the privilege of demanding from others what they don’t demand from themselves have no place in the conversation.

Rexford Ames
Rexford Ames
2 years ago

Do we still have a Supreme Court? Gee, After refusing the Application on review of the 2020 Election fiasco. Then we get to experience that thief ” Joe Biden”. Isn’t that the guy that Mr. Trump was supposedly Impeached ( Twice) by a RULING party. Ruling is the correct term. Oh year. The Supreme Court. The one part of our Government that is being ignored by the White House and Congress? I wonder why?

Kelli
Kelli
2 years ago

Criminals don’t obey gun laws nor do they fear police, judges or courts so gun laws affect the legal gun owners not criminals!!

Becky
Becky
2 years ago

Which is why the Communist Party has been redefining everything for over 4 decades now.

Becky
Becky
2 years ago

The 2nd Amendment provides zero means to interfere with ownership of ANY weapon that has been produced. American citizens can own any weapon that exists.
Only corrupt governments, and the corrupt people in them, revise the laws to make the 2nd Amendment adjustable…..on their terms.
With a government such as this, we should be stockpiling missiles, grenades, etc!

BwaHa
BwaHa
2 years ago

The facts speak for themselves. If the pukes are going to keep trying to victimize those of us who have something they want and will try to take, if necessary then those pukes are going to be met with whatever reasonable force is necessary to prevent the victimization of those of us who aren’t about to roll over and play dead. Victims don’t necessarily have to submit to what the bad guys want from them. If you aren’t already, get yourself a concealed carry permit and a practical firearm. Practice with your new firearm and continue to practice. Concealed carry, open carry of a firearm is a right, just learn how to use and protect that right. We’re always being assaulted for exercising our constitutional right to carry a firearm. That’s going to continue to happen. Those of us who are carrying legally need to ensure we can maintain and retain our 2nd Amendment rights. I conceal carry daily and try to target shoot weekly, though life does get in the way sometimes so I’ll go without a range shoot from time to time to pacify those who are whining about my range days.

My comment to them? “giddoverit”!

MAGA2024! TRUMP2024!

FJB! LET’S GO BRANDON!

HocasPocas
HocasPocas
2 years ago

Does Antifa, blm and all the illegals that they just let across our borders fit your summation Eduardo? Because that’s been on my mind for awhile

Mark L
Mark L
2 years ago

If things are better then why mess with them! If the Supreme Court allows itself to be corrected by probably the MOST CORRUPT Presidency ever on record

JoAnn
JoAnn
2 years ago

This is one of the many reasons we no longer live in NY state, happier in Indiana

Jim Miller
Jim Miller
2 years ago

Why doesn’t the police or power to be go after the criminals? They have guns but every time they start talking gun control, it is always the law abiding citizens that they go after. I just hunt and target shoot. I don’t bother anybody or do anything that is illegal when I am armed. They know where the crime is, go there and do your gun control!!

Jim Miller
Jim Miller
2 years ago

I forgot to say , Democrats suck

Linda Behr
Linda Behr
2 years ago

I live in North Carolina. We have an open carry and concealed carry permit. The sad thing that people don’t realize is that criminals are NOT getting guns the legal way.

Kyle Buy you some guns,and learn how to shoot
Kyle Buy you some guns,and learn how to shoot
2 years ago

Buy you a gun and learn how to use it. Better to go to jail for a while,than to let some thug kill you. Kyle L.

B. Schmidt
B. Schmidt
2 years ago

The dunce socialist politicians still think that punishing law-abiding citizens for wanting to do nothing other than defend their own lives when police are not there to do the job will lower the crime rate. I suggest that the Secret Service be abolished, and we can finally see how the politicians change their mind about their “gun control” hogwash.

CBS 60 Minutes interview with Kamala Harris exposed for interview editing
Your voice your vote
torn and tattered american flag
Cormorants are sunbathing

Stay informed! Subscribe to our Daily Newsletter.

"*" indicates required fields

49
0
Would love your thoughts, please comment.x
()
x

Subscribe to AMAC Daily News and Games