Supreme Court Ruling Removes ‘Proper Cause’ to Weapon Carry Restriction
On Jun 24, 2022 the U.S. Supreme Court ruled 6-3 that New York’s regulations that made it difficult to obtain a license to carry a concealed handgun were unconstitutionally restrictive, and that it should be easier to obtain such a license.
SUPREME COURT OF THE UNITED STATES
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
The existing standard required an applicant to show “proper cause” for seeking a license, and allowed New York officials to exercise discretion in determining whether a person has shown a good enough reason for needing to carry a firearm. Stating that one wished to protect themselves or their property was not enough.
“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,” Justice Clarence Thomas wrote in the Court’s opinion, referencing two previous gun cases. “Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.”