Announced Tuesday, for the first time in almost a decade — and for the first time, on the other side of several prominent mass shootings over the last eight years (among them Aurora, Sandy Hook, Orlando, Mandalay Bay, Sutherland Springs, Marjory Stoneman, and Tree of Life) — the Supreme Court is set to hear a 2nd Amendment case.
The high court will determine the constitutionality of a strict New York City ordinance overseeing the possession and transportation of handguns outside the home.
In 2008 and 2010, the nation’s judicial Big Cheese held up the right to guns inside residences for security.
Justice Clarence Thomas expounded upon the right in a 2017 opinion:
“For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a state denies its citizens that right, particularly when their very lives may depend on it.”
A license is required in order for New York state residents to possess firearms. However, as it presently stands, licensees may only transport their handguns (unloaded and in a locked container) to one of seven local gun ranges for target practice, unless granted express permission by the New York Police Department. Taking the guns outside of city limits is not allowed.
Due to the fact, on 2nd Amendment grounds, three residents of NYC sued the city. One of the plaintiffs cited the desire to transport his gun to a second home for defense; the other two wanted to take their guns outside the Big Apple to ranges and shooting competitions.
In a brief, city attorneys have defended the ordinance, claiming “abuses” of previous law necessitated it:
These [abuses] included licensees traveling with loaded firearms, licensees found with firearms nowhere near the vicinity of an authorized range, licensees taking their firearms out on airplanes, and licensees traveling with their firearms during hours when no NYPD-authorized range was open.
A federal court initially sided with the city. The case will likely be heard in the fall.
What constitutes “abuses”? To my way of thinking, if a gun (or anything else, generally) is lawfully yours, you should be able to take it wherever you wish, outside of private or public property which forbids firearms (such as a courthouse; but not a public road). And what in the world does someone pulling out a gun on an airplane have to do with the ordinance?
Surely the Left would like to see the law tighten on gun possession (here, here, here, and here). But then there are these.
A SCOTUS decision awaits. What do you find reasonable? Please let us all know, in the Comments section below.
-Alex
Relevant RedState links in this article: here, here, here, here. here, here, here, and here.
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