While challenges to a New York law prohibiting concealed carry of weapons make their way through the courts, the Supreme Court allowed the ban to remain in effect.
In response to an urgent request by the plaintiffs, the Court denied their motion to stay the statute. Justice Samuel Alito, joined by Justice Clarence Thomas, issued a statement explaining the Court’s decision and noting that the case’s viability was not in doubt.
Alito stated that the Court’s refusal today was not an expression of an opinion on the case’s merits but rather a reflection of respect for the Second Circuit’s procedures in handling its docket. If the Second Circuit doesn’t explain its stay decision or speed up the appeal review within a reasonable amount, “applicants should not be discouraged by today’s judgment from again seeking relief.”
The issue stems from the Supreme Court’s six-to-three decision against longstanding limits on concealed carry in New York last summer. Obtaining a concealed carry permit in the state at issue was contingent upon the applicant’s “excellent moral character” and “valid reason.” Supreme Court Justice Clarence Thomas’ majority decision argued that the latter requirement, New Yorkers show “a specific necessity for self-defense,” was unconstitutional.
He argued that this was unique among constitutional protections since no other right required proof of exceptional circumstance before government officials could use it. Regarding controversial speech and religious freedom, the First Amendment does not function that way. Not how the Sixth Amendment guarantees a defendant the chance to cross-examine witnesses against his works. And that’s not how concealed-carry provisions in the Second Amendment work for self-defense in the open.
But as of late, New York has approved the Concealed Carry Improvement Act, which, according to a statement from the office of New York Attorney General Letitia James, bans guns in specific locations, requires gun owners to request a property owner’s consent to carry on their premises, and mandates a social media review before gun purchases. Six locals have recently petitioned the Supreme Court for help in contesting the statute.
To hear Republican legislators tell it, the Concealed Carry Improvement Act is a direct challenge to the Supreme Court’s historic decision from 2016. Rep. Elise Stefanik (R-NY) filed a resolution in the House of Representatives criticizing the new legislation as a violation of the Second Amendment and urged other states to implement laws defending the freedom to carry guns.
Democratically-controlled governments in many other jurisdictions have also enacted new limitations on firearm ownership in recent years. In Oregon, the legislation prohibits the sale of magazines that hold more than ten rounds and contains a permit-to-purchase provision that mandates a background check and gun safety instruction for all buyers. Philadelphia Mayor Jim Kenney issued an executive order banning guns from public parks even though state law does not permit such bans. Both proposals met with legal opposition and were ultimately halted by courts.
The most recent National Firearms Survey estimates that around 81.4 million Americans possess a weapon or 31.9% of the adult population. The typical gun owner has five weapons, with pistols being the most prevalent.