Limits New York's Concealed Carry Rules in Bruen Decision

New York State Rifle & Pistol Association, Inc., et al. v. Kevin P. Bruen, in His Official Capacity as Superintendent of New York State Police, et al.

20-843docketfromUnited States Court of Appeals for the Second Circuit

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Granted

Apr 26, 2021

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Argued

Nov 3, 2021

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Decided

Jun 23, 2022

Current status: decided

Decision

6–3

Decided Jun 23, 2022

Majority (6)

Alito

Barrett

Gorsuch

Kavanaugh

Roberts

Thomas

Minority (3)

Breyer

Kagan

Sotomayor

Majority6

Minority3

What the Court agreed to answer

For more than a decade since then, numerous courts of appeals have squarely divided on this critical question: whether the Second Amendment allows the government to deprive ordinary law-abiding citizens of the right to possess and carry a handgun outside the home. This circuit split is open and acknowledged, and it...

New York prohibits its ordinary law-abiding citizens from carrying a handgun outside the home without a license, and it denies licenses to every citizen who fails to convince the state that he or she has “proper cause” to carry a firearm. In District of Columbia v. Heller, this Court held that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation,” 554 U.S. 570, 592 (2008), and in McDonald v. City of Chicago, the Court held that this right “is fully applicable to the States,” 561 U.S. 742, 750 (2010). For more than a decade since then, numerous courts of appeals have squarely divided on this critical question: whether the Second Amendment allows the government to deprive ordinary law-abiding citizens of the right to possess and carry a handgun outside the home. This circuit split is open and acknowledged, and it is squarely presented by this petition, in which the Second Circuit affirmed the constitutionality of a New York regime that prohibits law-abiding individuals from carrying a handgun unless they first demonstrate some form of “proper cause” that distinguishes them from the body of “the people” protected by the Second Amendment. The time has come for this Court to resolve this critical constitutional impasse and reaffirm the citizens’ fundamental right to carry a handgun for self-defense. The question presented is: Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self- defense. GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER THE STATE'S DENIAL OF PETITIONERS' APPLICATIONS FOR CONCEALED-CARRY LICENSES FOR SELF-DEFENSE VIOLATED THE SECOND AMENDMENT.

Limits New York's Concealed Carry Rules in Bruen Decision

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Limits New York's Concealed Carry Rules in Bruen Decision

Rules New York’s public carry requirement unconstitutional in Bruen (2022)

Rules New York’s public carry requirement unconstitutional in Bruen (2022)