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Posted on 04/28/2021 7:46:05 AM PDT by Kaslin
While it may seem obvious that the constitutional right to "keep and bear arms" extends beyond the home, federal courts have been debating that question for years. This week, the Supreme Court agreed to hear a case that could finally settle the issue, which the petitioners call "perhaps the single most important unresolved Second Amendment question."
The case involves a New York law that requires applicants for handgun carry licenses to show "proper cause," which according to state courts means more than a "generalized desire" to "protect one's person and property." Applicants must "demonstrate a special need for self-protection distinguishable from that of the general community," which in practice means that ordinary New Yorkers have no right to armed self-defense once they leave their homes.
The vast majority of states are less demanding, typically requiring that people who want to carry concealed handguns meet a shortlist of objective criteria. But several states have laws like New York's, enforcing subjective standards such as "good cause" (California), "proper purpose" (Massachusetts), "justifiable need" (New Jersey), "good and substantial reason" (Maryland), or a special "reason to fear injury" (Hawaii).
In the case that the Supreme Court will hear this term, the New York State Pistol & Rifle Association, joined by two New Yorkers who unsuccessfully applied for carry licenses in Rensselaer County, argues that such policies transform a "right of the people" into a privilege enjoyed only by the favored few. "A law that flatly prohibits ordinary law-abiding citizens from carrying a handgun for self-defense outside the home cannot be reconciled with the Court's affirmation of the individual right to possess and carry weapons in case of confrontation," the petitioners say.
They are referring to the landmark 2008 case District of Columbia v. Heller, which overturned a local ban on handguns. While that decision focused on the right to "use arms in defense of hearth and home," it more generally recognized "the individual right to possess and carry weapons in case of confrontation."
The possibility of being confronted by violent criminals, of course, exists in public as well as private. "Like the threats that might precipitate a need to act in self-defense," the petitioners say, the right to bear arms "necessarily extends beyond the four walls of one's home."
Two other aspects of Heller reinforce that argument. The Court said its decision did not "cast doubt" on "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings," a caveat that would have been unnecessary if the right to armed self-defense were limited to the home, and it described bans on the open carrying of pistols that were overturned by state supreme courts in the 19th century as "severe restriction(s)."
Two federal appeals courts, the 7th Circuit and the D.C. Circuit, have agreed that the Second Amendment protects the right to carry firearms in public. But the 2nd Circuit, which rejected this lawsuit, concluded that New York's regulations are constitutional, and four other appeals courts -- the 1st, 3rd, 4th and 9th circuits -- have upheld similar policies in other states.
They are referring to the landmark 2008 case District of Columbia v. Heller, which overturned a local ban on handguns. While that decision focused on the right to "use arms in defense of hearth and home," it more generally recognized "the individual right to possess and carry weapons in case of confrontation."
The possibility of being confronted by violent criminals, of course, exists in public as well as private. "Like the threats that might precipitate a need to act in self-defense," the petitioners say, the right to bear arms "necessarily extends beyond the four walls of one's home."
Two other aspects of Heller reinforce that argument. The Court said its decision did not "cast doubt" on "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings," a caveat that would have been unnecessary if the right to armed self-defense were limited to the home, and it described bans on the open carrying of pistols that were overturned by state supreme courts in the 19th century as "severe restriction(s)."
Two federal appeals courts, the 7th Circuit and the D.C. Circuit, have agreed that the Second Amendment protects the right to carry firearms in public. But the 2nd Circuit, which rejected this lawsuit, concluded that New York's regulations are constitutional, and four other appeals courts -- the 1st, 3rd, 4th and 9th circuits -- have upheld similar policies in other states.
If this falls, it’s over.....................
If they say no, then that means, “A well-regulated militia” was supposed to remain inside their own homes at all times.
My Ass, Bob.
Sorry, SCOTUS will not decide this issue. We the People will
Caetano v Massachusetts,decided 9-0 (while Ruth Buzzi Ginsburg was serving),gives me hope on this one. The fact that SCOTUS chose to allow the theft of a Presidential election doesn’t.
They will render some kind of Opinion, but the Rights will remain.
If the right didn’t extend beyond your doorstep I would not be typing this from the Pacific Coast.
The settlers were not preceded by armed patrol cars clearing the way. They protected themselves, and the Cavalry only showed up later, if at all.
A bunch of foreigners who have no ancestors that were American are the people planning to decide this. Would be nice if they read up on the history. Us Americans? We heard it from our fathers, and lived it.
The Constitution was over the day ALL of our elected AND appointed ripped up the Constitution when they swore in the ineligible Kenyan from Indonesia.
SCOTUS is totally controlled by Roberts
Roberts is totally controlled by the Bushes, globalist oligarchs and Wray and Merrick.
When Heller was decided, I was here on these pages saying that the right to keep and bear arms will be restricted to your home. The preparation for such a limitation was staged in Heller.
After that, the left will try to limit the type of firearm you are allowed to keep in your home.
One more time for the people in the back FRiend!
This court of Tooth-less tigers who would not stop the most obvious theft of an election by the radical left...can do little to harm the US Constitution’s Second Amendment as they have already surrendered those rights.
I’m “Homeless”
My Home is the Universe.
If they say no, then that means, “A well-regulated militia” was supposed to remain inside their own homes at all times.
= = =
They will be ‘well-regulated’ as long as they have TP.
This Ping List is for all things pertaining to infringes upon or victories for 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.
SCOTUS in the 1800s had no problem with it.
You really need to read the 1982 Senate report on the 2nd Amendment. I have a paper copy.
https://guncite.com/journals/senrpt/senrpt.html
“The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.”
STATE Courts...
19th century cases
16. * Wilson v. State, 33 Ark. 557, at 560, 34 Am. Rep. 52, at 54 (1878).
“If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the (p.17)penitentiary and gallows, and not by a general deprivation of constitutional privilege.”
17. * Jennings v. State, 5 Tex. Crim. App. 298, at 300-01 (1878).
“We believe that portion of the act which provides that, in case of conviction, the defendant shall forfeit to the county the weapon or weapons so found on or about his person is not within the scope of legislative authority. * * * One of his most sacred rights is that of having arms for his own defence and that of the State. This right is one of the surest safeguards of liberty and self-preservation.”
18. * Andrews v. State, 50 Tenn. 165, 8 Am. Rep. 8, at 17 (1871).
“The passage from Story (Joseph Story: Comments on the Constitution) shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights.”
19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).
“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”
And the SCOTUS case that led to the Civil War..
Are Negros citizens...Dred Scott
“It would give to persons of the negro race, who are recognized as citizens in any one state of the Union, the right to enter every other state, whenever they pleased.... and it would give them full liberty of speech in public and in private upon all subjects upon which its own citizens might meet; to hold public meetings upon political affairs, and to KEEP AND CARRY ARMS wherever they went.”
So what - you just turn them in?
Think that through, Then remember what the forefathers said about when you would need tp keep and bear those arms the most...
just my $0.02
> it’s over
What is over?
I wish admin would just delete “if ... it’s over / republic is done / we’re toast” comments.
Good news or bad, the fight is never over.
Based on its past decisions, SCOTUS tends to like starting civil wars ...
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