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Opinion of the Court
SUPREME COURT OF THE UNITED STATES
No. 20–843
NEW
YORK STATE RIFLE & PISTOL ASSOCIATION, INC., ET AL.,
PETITIONERS v. KEVIN P. BRUEN, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT
OF NEW YORK STATE POLICE, ET AL.
ON
WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
[June 23, 2022]
JUSTICE THOMAS delivered the opinion of the Court.
The constitutional right to
bear arms in public for self-defense is not “a second-class right, subject to
an entirely different body of rules than the other Bill of Rights guarantees.”
McDonald, 561 U. S., at 780 (plurality opinion). We know of no other
constitutional right that an individual may exercise only after demonstrating
to government officers some special need. That is not how the First Amendment
works when it comes to unpopular speech or the free exercise of religion. It is
not how the Sixth Amendment works when it comes to a defendant’s right to
confront the witnesses against him. And it is not how the Second Amendment
works when it comes to public carry for self-defense.
New York’s proper-cause requirement violates the Fourteenth
Amendment in that it prevents law-abiding citizens with ordinary self-defense
needs from exercising their right to keep and bear arms. We therefore reverse
the judgment of the Court of Appeals and remand the case for further proceedings
consistent with this opinion.
It is so ordered.
ALITO, J., concurring (pages 70-78)
KAVANAUGH, J., concurring (79-81)
BARRETT, J., concurring (pages 82-83)
BREYER, J., dissenting (pages 84-135)
REFERENCE:
Supreme
Court Rejects New York Special Need Limitation on Carrying a Firearm, Affirms
Inherent Right to Carry
June
23, 2022 | Sundance
In
a 6-3 ruling [pdf HERE] the Supreme Court has ruled that New York state
cannot require an individual to prove a “special need” in order to carry a
firearm for self-protection. The ruling, likely to have ramifications for
other gun restricting states, affirms the constitutional right of an individual
to carry a firearm, and blocks the efforts of states to make the individual
prove they have a need for one.
