The Supreme Court is preparing to hear a gun rights case that could lead to more guns on the streets of New York and Los Angeles and threaten restrictions on guns in subways, airports, bars, churches, schools and other places where people gather.
The case the justices will hear Wednesday comes as gun violence has surged, and it could dramatically increase the number of people eligible to carry firearms as they go about their daily lives. The case centers on New York's restrictive gun permit law and whether challengers to the law have a right to carry a firearm in public for self-defense.
“The stakes really could not be higher,” said Jonathan Lowy, chief counsel at the gun control group Brady. The fact that the high court is hearing a gun rights case at all is a change after years in which it routinely turned them away. One gun case the justices did agree to hear ended anticlimactically in 2020 when the justices threw out the case.
The New York law the court is reviewing has been in place since 1913 and says that to carry a concealed handgun in public for self-defense, a person applying for a license has to demonstrate “proper cause,” an actual need to carry the weapon. When local officials issue a gun license, it’s either unrestricted — allowing the person to carry a gun anywhere not otherwise prohibited by law — or restricted, allowing the person to carry a gun in certain circumstances.
New York, for its part, denies that and says that the Second Amendment allows states to restrict the carrying of guns in public. It, too, points to history, tradition and the text of the Second Amendment. The state says its restrictions promote public safety, pointing to research that says that places that restrict the public carry of guns have lower rates of gun-related homicides and other violent crimes. New York says its law isn’t a flat ban on carrying guns but a more moderate restriction.
The three appointees of former President Donald Trump — Neil Gorsuch, Brett Kavanaugh and Barrett — are conservatives but were not on the court when the justices last issued major gun rights rulings. Their actions so far have given gun rights advocates reasons to be hopeful, however.
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