WASHINGTON (CN) — The Supreme Court split 6-3 on party lines Thursday in a ruling that says New York unconstitutionally restricted who gets to carry a concealed weapon in public.
“In District of Columbia v. Heller, and McDonald v. Chicago, we recognized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense,” Justice Clarence Thomas wrote for the majority. “In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”
All three Democratic-appointed justices dissented, calling the ruling a major obstacle in the movement to address gun violence.
“Many States have tried to address some of the dangers of gun violence just described by passing laws that limit, in various ways, who may purchase, carry, or use firearms of different kinds,” Justice Stephen Breyer wrote, joined by joined by Justices Sonia Sotomayor and Elena Kagan. “The Court today severely burdens States’ efforts to do so.”
President Joe Biden called the ruling a deep disappointment, one that "contradicts both common sense and the Constitution, and should deeply trouble us all." He noted his executive actions to prevent gun violence and called on Americans to rally for gun safety.
"I urge states to continue to enact and enforce commonsense laws to make their citizens and communities safer from gun violence," Biden said in a statement. "As the late Justice Scalia recognized, the Second Amendment is not absolute. For centuries, states have regulated who may purchase or possess weapons, the types of weapons they may use, and the places they may carry those weapons. And the courts have upheld these regulations. I call on Americans across the country to make their voices heard on gun safety. Lives are on the line."
The ruling is the first of its kind in over a decade and comes amid renewed attention to gun laws across the country following the murder of 19 children and two school teachers in the deadliest mass shooting of the year.
For the last century, New York has used the Sullivan Law’s “proper cause” requirement to decide if gun owners qualify for a concealed-carry permit. New York allows licensing authorities to use discretion when considering applications to carry concealed firearms. Laws like New York's are referred to as “may” laws because a state may issue a license if the person shows good cause. Some states do not allow this discretion and instead have “shall” laws. In other states like Texas, the permitting process is being abandoned altogether.
The court’s decision strikes down the “may” laws, but keeps in place the “shall” laws. Justice Brett Kavanaugh — joined by Chief Justice John Roberts — addresses this issue specifically in a concurring opinion.
“The Court’s decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense,” the Trump appointee wrote. “In particular, the Court’s decision does not affect the existing licensing regimes — known as “shall-issue” regimes — that are employed in 43 States.”
Robert Nash and Brandon Koch brought the underlying case after New York authorities decided that their self-defense needs did not amount to proper cause to justify concealed-carry licenses. Joined by the New York State Rifle & Pistol Association, Nash and Koch took their fight to Washington after a federal judge found the law constitutional, and the Second Circuit affirmed.
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