CLARKSBURG, W.Va. (WBOY) — The U.S. Supreme Court Thursday released its decision regarding a New York State law that required concealed carry permit applicants to demonstrate “proper cause” for why they must carry a firearm concealed in public.
The case was escalated to the Supreme Court because two New York residents applied for unrestricted licenses to carry handguns for self-defense, but were only granted restricted licenses to carry handguns for specific purposes, including hunting and target shooting.
With the backing of the New York State Rifle and Pistol Association (NYSRPA), the residents argued that was an unconstitutional violation of their Second and Fourteenth Amendment rights.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Second Amendment, Constitution of the United States
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 1, Fourteenth Amendment, Constitution of the United States
The 6-3 decision in New York State Rifle & Pistol Assn., Inc. v. Bruen ruled with the NYSRPA that the requirement violates those amendments. It was written by Justice Clarence Thomas.
“All that we decide in this case is that the Second Amendment protects the right of law-abiding people to
carry a gun outside the home for self-defense and that the Sullivan Law, which makes that virtually impossible for most New Yorkers, is unconstitutional,” Justice Thomas wrote.
Thursday, West Virginia Attorney General Patrick Morrisey released a statement on the decision.
Because of this U.S. Supreme Court ruling, New York will no longer be permitted to impose substantial and unconstitutional burdens on the right to bear arms,” Attorney General Morrisey said. “We need to keep our Second Amendment gun rights intact, not only to protect New York citizens but all legitimate gun owners as well.
West Virginia Attorney General Patrick Morrisey
West Virginia also joined the 26-state amicus brief in support of the petitioners.
You can read the full decision below:
This was one of the heavily-anticipated U.S. Supreme Court decisions from this session. Another includes the Dobbs v. Jackson Women’s Health Organization case. A leaked decision from last month suggested the court is poised to make a decision that would effectively overturn Roe v. Wade, which had the effect of barring states from banning abortion.
Anti-scaling fences were installed around the Supreme Court building after the decision leaked, and security was heightened again this week ahead of the decision.
Earlier this month, a man was arrested near the Maryland home of Justice Brett Kavanaugh. Police say he was armed with a gun and a knife and carrying zip ties. He was charged with one count of attempting to assassinate a Supreme Court justice.
That decision was not released on Thursday.
