In the late 20th century, however, a new Supreme Court took a radical turn. Starting in 1995, a 5-4 majority suddenly threw out all or parts of three modest federal laws in five years: the Gun-Free School Zones Act in 1995; the Brady Handgun Violence Prevention Act in 1997 (that law was passed after President … Read more
A majority of the public favors the June 2022 ruling in New York State Rifle & Pistol Association Inc. v. Bruen, which established a right to possess a gun outside the home, with 64% in favor of that decision and 35% opposed. Support for this ruling, among those with an opinion, was consistently high prior to the … Read more
The United States Supreme Court has struck down New York’s “proper cause” or “may issue” requirement for obtaining concealed carry permits in a 6 to 3 opinion handed down today in New York State Rifle & Pistol Association v. Bruen. This is the case that was a second bite at the apple, challenging New York’s … Read more
The unauthorized leak of a draft abortion opinion from the U.S. Supreme Court has Democrats up in arms (again) about packing the U.S. Supreme Court. This isn’t a new argument and one gun control advocates publicly pitched before. Senators are openly calling for court-packing again and that’s before the Supreme Court has rendered a … Read more
The last thing New York needs is for every Tom, Dick and Harriet on the street to be carrying. Moreover, the argument for reasonable restrictions on the Second Amendment is hardly new. Indeed, many conservative legal experts support New York’s law, noting that government regulations on guns go back centuries and that the Founders meant for that … Read more
At least as dangerous to public safety is the radically conservative majority on the Supreme Court that claims to revere state and local rights but seems prepared to upend municipal efforts to get a handle on the gun problem. The consensus after last November’s oral arguments saw this majority as hell-bent on undoing New York’s … Read more
The oral argument in Bruen demonstrates that the conservative wing of the court is not sincerely interested in history, text, and tradition if the evidence cuts against them. What they are intent on doing is vindicating gun rights, rewarding the base of the Republican Party, and recasting the scope of the Second Amendment so that it resembles … Read more
Gun rights advocates argue their constitutional rights are being infringed. Erik Jaffe, an attorney for Schaerr Jaffe who represents the Firearms Policy Coalition, which submitted a brief in this case, said people treat Second Amendment rights differently because they are afraid of guns. “Let’s ask the question, are they being consistent in how they apply constitutional principles … Read more
There is room for looking at the lethality of modern firearms when considering the constitutionality of gun regulation. The court implicitly acknowledged this in its Heller decision when it stated that machine gun bans were acceptable. It’s a difficult concession to explain unless the court is considering the modern capabilities of firearms outside of the historical scope of regulation. … Read more
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