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Supreme Court Upholds Gun Rights Outside of the Home, Let’s Break It Down
AmmoLand ^ | June 29, 2022 | Dean Weingarten

Posted on 07/01/2022 4:39:11 AM PDT by marktwain

The Supreme Court opinion on the New York State Rifle and Pistol Association v. Bruen was released on June 22, 2022. It is a 6 to 3 opinion, which upholds the Second Amendment as applying outside the home and rebukes Circuit Courts for creating an unnecessarily complicated two step process in applying Second Amendment protection to statutes. The opinion is 135 pages long.

Justice Clarence Thomas wrote the majority opinion, which was joined by Justice Alito, Justices Kavanaugh and Roberts, and Justice Barrett in concurring opinions. Justice Alito and Barrett concur in full. Justices Kavanaugh and Roberts simply concur.

The opinion by Justice Thomas is relatively simple. The Constitution must be interpreted as what it meant to the people who ratified it in 1791.

Looking at history can aid in the understanding, but what was meant at the time of ratification is key. In addition, the Second Amendment became applicable to state governments with the Fourteenth Amendment in 1868, so what was meant by the Fourteenth Amendment at the time of ratification is also important.

Justice Thomas cites Caetano v. Massachusetts as one way the Court has adopted the Second Amendment to modern realities.

Thomas clarifies all parties agree the Second Amendment applies outside the home. The respondents, who try to defend the New York “may issue” law, attempt to render the Second Amendment meaningless, by giving state authorities the power to decide who the Second Amendment applies, on a case-by-case basis.

Quotes from the opinion show Thomas correctly points out Second Amendment rights apply to ordinary, law-abiding adults. From Page 3 :

It is undisputed that petitioners Koch and Nash—two ordinary, law-abiding, adult citizens—are part of “the people” whom the Second Amendment protects.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2a; banglist; scotus; secondamendment; supremecourt
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A detailed analysis, with many extended quotes from the opinion.
1 posted on 07/01/2022 4:39:11 AM PDT by marktwain
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To: marktwain

Well done, Dean.

L


2 posted on 07/01/2022 4:46:59 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: marktwain

Dean, you are the best. Thanks for this wonderful article.


3 posted on 07/01/2022 4:48:30 AM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: marktwain

4 posted on 07/01/2022 4:56:53 AM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: marktwain
"...The Second Amendment is not a Second Class Constitutional Right. It deserves the same respect as the First Amendment, or the Sixth Amendment. 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..."

This.

Is.

Great.

Thomas is my all-time favorite Supreme Court Justice. He stands right there with William Rehnquist and Antonin Scalia. Right there.

I am putting Justice Thomas on my Freep Page in my gallery of heroes.

This ruling is very meaningful for me. I come from one of those states mentioned (California, Hawaii, New York, New Jersey, Massachusetts, and Maryland)

When I applied for my carry permit, I had to write a letter explaining why. I did it, because I had no choice. But it grated on me.

So far, this court is ranking as the best ever, to me.

5 posted on 07/01/2022 4:57:29 AM PDT by rlmorel (Nolnah's Razor: Never attribute to incompetence that which is adequately explained by malice.)
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To: Travis McGee

That is a man. A real man.


6 posted on 07/01/2022 4:58:03 AM PDT by rlmorel (Nolnah's Razor: Never attribute to incompetence that which is adequately explained by malice.)
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To: marktwain

Not bad! This really is the core:

“One of the clear purposes of the Constitution is to place certain things outside of government power. A core philosophical building block of Progressive thought is limits on governmental power are bad. This is not the philosophy the Constitution was based upon.”

It’s shameful that the U.S. Consitution still, after all these years, nearly stands alone as the founding document with the intent to confine government and rightly assign the rest to us, rather than to enumerate what the people may do and leave the rest to whatever maniac wrestles his way onto the levers of government.


7 posted on 07/01/2022 5:05:21 AM PDT by No.6
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To: marktwain

Looking at history can aid in the understanding, but what was meant at the time of ratification is key.
~~~~

Why doesn’t this principle apply to the equal protection and birthright citizenship clauses of the 14th Amendment?


8 posted on 07/01/2022 5:06:45 AM PDT by nagant
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To: marktwain

ny has put out a list where guns are not allowed....pretty much covers any place outside the home.


9 posted on 07/01/2022 5:07:01 AM PDT by Sacajaweau ( )
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To: marktwain

I haven’t read everything about this decision, but in all I’ve seen there’s no mention of open/concealed carry.
When SCOTUS refers to carrying, which one are they talking about? Because, speaking of two-step processes, in some states you can open carry but you need a special permission for concealed.


10 posted on 07/01/2022 5:09:25 AM PDT by Buttons12 ( )
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To: marktwain

I love Dean - hope he can do this for another 50 years. His style is about as good as any writer I’ve ever read.

Thanks for posting!


11 posted on 07/01/2022 5:11:19 AM PDT by BobL (My hatred of Necons/Globalists exceeds my love of Ukraine or any other country, other than the US)
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To: nagant

It does, but isn’t practiced.


12 posted on 07/01/2022 5:15:08 AM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" )
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To: Lurker

Just had a discussion recently about the difference between “may” and “shall”.

I ended it with the now infamous “Depends on what the meaning of “is” is”. Everyone laughed!


13 posted on 07/01/2022 5:18:35 AM PDT by airborne (Thank you Rush for helping me find FreeRepublic! )
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To: marktwain; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.


14 posted on 07/01/2022 5:23:27 AM PDT by PROCON (Sic Semper Tyrannis)
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To: Travis McGee

i stand with justice thomas.


15 posted on 07/01/2022 5:23:52 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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To: Buttons12

“When SCOTUS refers to carrying, which one are they talking about?”

Both, actually. Basically the decision says that a State can not create a regulatory scheme that ends up denying a law abiding citizen their right to carry a firearm for personal defense. “May issue” systems across the country have been declared un-Constitutional.

If a State wishes to allow open carry they are free to do so. If they wish to ban it they are free to do so. If they wish to have a straightforward licensing scheme they can do that, too. But that scheme can not have the effect of allowing some government official to decide who does or does not have “good cause” to exercise a fundamental Constitutional right.

Go read the decision for yourself. Thomas’s in particular.

L


16 posted on 07/01/2022 5:26:09 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: marktwain

Very interesting and well done article.


17 posted on 07/01/2022 5:31:54 AM PDT by Captain Marvell (M.A.F.A. Make America Free Again)
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To: Sacajaweau

I don’t want to be trite but isn’t that New York’s option? And if that’s New York’s option then the change comes about with New York voters, that’s the hard part.

The pressure to change is economic in nature. We’re witnessing that now.


18 posted on 07/01/2022 5:37:34 AM PDT by Clutch Martin ("The trouble ain't that there is too many fools, but that the lightning ain't distributed right." )
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To: marktwain
Thank God for Clarence Thomas. It’s not a full restoration of our rights as American citizens but it does move us down that path. Wait until some man who was convicted of tax fraud (a felony) in 1986, served his 90 day sentence in a federal lockup, has been a model citizen since 1986 and brings a case to the USSC relative to his being denied his 2A guaranteed right to purchase a firearm.

Does the constitution state in no uncertain terms that although this man enjoys his full 1A and 6A rights, the 2A is different in this regard?

Thomas is clearly shining a light on the road to full restoration of 2A rights when he states that 2A is not a second class right that is subject to “special” restrictions in perpetuity.

The man has been rehabilitated by the state and is therefore granted full restoration of his American citizen status.

19 posted on 07/01/2022 5:47:43 AM PDT by atc23 (The Matriarchal Society we embrace has led to masks and mandates and the cult of "safety")
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To: marktwain; PROCON

Thank you, Justice Thomas! Thank you, President in Exile Trump for giving him much needed back-up!

For all the other cr@p going on with Brandon & Crew, I cannot BELIEVE some of the excellent decisions coming out of the Court!

Praise Be! Amen! But, still plan accordingly. The rabid Socialist Democrat minions are not going to allow us a quiet summer by any means.


20 posted on 07/01/2022 5:53:46 AM PDT by Diana in Wisconsin (I don't have, 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set. )
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