{"id":1527034,"date":"2022-06-23T15:34:31","date_gmt":"2022-06-23T19:34:31","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1527034"},"modified":"2022-06-23T15:35:56","modified_gmt":"2022-06-23T19:35:56","slug":"the-best-lines-from-the-supreme-courts-takedown-of-new-yorks-unconstitutional-gun-licensing-scheme","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-best-lines-from-the-supreme-courts-takedown-of-new-yorks-unconstitutional-gun-licensing-scheme\/","title":{"rendered":"The Best Lines From The Supreme Court\u2019s Takedown Of New York\u2019s Unconstitutional Gun Licensing Scheme"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">30<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fthe-best-lines-from-the-supreme-courts-takedown-of-new-yorks-unconstitutional-gun-licensing-scheme%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1527034&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The U.S. Supreme Court struck down a restrictive gun-licensing law in New York which required individuals who wanted to obtain a license to carry a firearm outside of the home to prove \u201cproper cause\u201d for doing so. <\/p>\n<p>In a <a href=\"https:\/\/www.supremecourt.gov\/opinions\/21pdf\/20-843_7j80.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">6 to 3 vote<\/a> delivered on Thursday, the Supreme Court ruled that New York\u2019s policy, which granted state bureaucrats the authority to approve or reject certain individuals for licenses to carry based on subjective material, is wholly unconstitutional because it tramples on the Second Amendment rights of Americans.<\/p>\n<p>As the court noted in its summary of <em>New York State Rifle &#038; Pistol Association Inc. v. Bruen<\/em>, \u201cthe constitutional right to bear arms in public for self-defense is not \u2018a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.\u2019\u201d<\/p>\n<p>Justice Clarence Thomas authored the opinion, which was joined by the five other Republican-nominated justices who expressed their belief that New York\u2019s gun licensing scheme severely hampers Americans\u2019 constitutional rights. Justices Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett also filed concurring opinions.  <\/p>\n<p>Here are the best lines from those opinions that will change how the Supreme Court rules on the Second Amendment forever. <\/p>\n<h2>The Second Amendment Protects \u201cOrdinary, Law-Abiding\u201d Citizens<\/h2>\n<p>As Thomas clearly noted in his opinion, \u201cIt is undisputed that petitioners Koch and Nash\u2014two ordinary, law-abiding, adult citizens\u2014are part of \u2018the people\u2019 whom the Second Amendment protects.\u201d<\/p>\n<p>Thomas said New York\u2019s attempts to limit the Second Amendment rights of individuals like the men who applied to carry guns outside of their homes but were rejected are clearly unconstitutional because such rights are protected under the scope of the Consitution. <\/p>\n<p>\u201cThe Second Amendment\u2019s plain text thus presumptively guarantees petitioners Koch and Nash a right to \u2018bear\u2019 arms in public for self-defense,\u201d he wrote. <\/p>\n<h2>The Burden Of Proof  When It Comes To Constitutional Rights Is On The Government<\/h2>\n<p>When New York subjectively rejected two individuals\u2019 attempts to obtain a handgun license, the burden of proof was forced on the citizens who were required to prove they had \u201cproper cause\u201d to carry handguns, as determined by the state. <\/p>\n<p>Not only did Thomas confirm that \u201cNo New York statute defines \u2018proper cause,\u2019\u201d but he affirmed that the burden of proof when it comes to the constitutional right to bear arms should be on the government, not the citizens those rights are designed to protect. <\/p>\n<p>\u201cWhen the Second Amendment\u2019s plain text covers an individual\u2019s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation\u2019s historical tradition of firearm regulation. Only then may a court conclude that the individual\u2019s conduct falls outside the Second Amendment\u2019s \u2018unqualified command,\u2019\u201d Thomas wrote. <\/p>\n<p>He added that \u201cThe Second Amendment \u2018is the very <em>product <\/em>of an interest balancing by the people\u2019 and it \u2018surely elevates above all other interests the right of law-abiding, responsible citizens to use arms\u2019 for self-defense.\u201d<\/p>\n<h2>History Doesn\u2019t Support Restrictive, Subjective Licensing<\/h2>\n<p>In the majority opinion, Thomas emphasized the importance of historical tradition in determining cases related to firearms. <\/p>\n<p>He noted that 43 states issue various licenses to carry a gun outside of the home based on objective, definable criteria but six states, including New York, California, Hawaii, Maryland, Massachusetts, and New Jersey, have all made their licensing requirements based on subjective criteria determined by the government.<\/p>\n<p>As Thomas noted, \u201capart from a handful of late 19th-century jurisdictions, the historical record compiled by respondents does not demonstrate a tradition of broadly prohibiting the public carry of commonly used firearms for self-defense.\u201d<\/p>\n<p>\u201cNor is there any such historical tradition limiting public carry only to those law-abiding citizens who demonstrate a special need for self-defense,\u201d he added.<\/p>\n<h2>Not Even English Tradition Says Americans Can\u2019t Carry Handguns For Self-Defense<\/h2>\n<p>In this case, the New York government tried to argue using a \u201csubstantial reliance on English history and custom before the founding.\u201d<\/p>\n<p>\u201cWe find that history ambiguous at best and see little reason to think that the Framers would have thought it applicable in the New World. It is not sufficiently probative to defend New York\u2019s proper-cause requirement,\u201d Thomas wrote.<\/p>\n<p>After a long explanation as to why English laws and customs don\u2019t necessarily apply to American legal standards after its founding, Thomas concluded that not even English historical tradition would justify New York\u2019s \u201cproper cause\u201d licensing requirement. <\/p>\n<p>\u201cAt the very least, we cannot conclude from this historical record that, by the time of the founding, English law would have justified restricting the right to publicly bear arms suited for self-defense only to those who demonstrate some special need for self-protection,\u201d he stated.<\/p>\n<h2>Gun Control Found Its Roots In Racism<\/h2>\n<p>\u201cEven before the Civil War commenced in 1861, this Court indirectly affirmed the importance of the right to keep and bear arms in public,\u201d Thomas wrote. <\/p>\n<p>In a review of \u201cthe public discourse surrounding Reconstruction,\u201d Thomas noted that \u201cpublic carry for self-defense remained a central component of the protection that the Fourteenth Amendment secured for all citizens.\u201d<\/p>\n<p>\u201cAfter the Civil War, of course, the exercise of this fundamental right by freed slaves was systematically thwarted. This Court has already recounted some of the Southern abuses violating blacks\u2019 right to keep and bear arms,\u201d he <a href=\"https:\/\/mobile.twitter.com\/seanmdav\/status\/1540019253172117506\" target=\"_blank\" rel=\"noreferrer noopener\">wrote<\/a>.<\/p>\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"977\" height=\"1024\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/06\/Screen-Shot-2022-06-23-at-12.51.40-PM-977x1024-1.png\" alt=\"\" class=\"wp-image-274486\" srcset=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/06\/Screen-Shot-2022-06-23-at-12.51.40-PM-977x1024-1.png 977w, https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/06\/Screen-Shot-2022-06-23-at-12.51.40-PM-286x300-1.png 286w, https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/06\/Screen-Shot-2022-06-23-at-12.51.40-PM-768x805-1.png 768w, https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/06\/Screen-Shot-2022-06-23-at-12.51.40-PM.png 1194w\"><\/figure>\n<h2>What Other Constitutional Rights Require Prerequisites?<\/h2>\n<p>\u201cWe know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,\u201d Thomas wrote. \u201cThat is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant\u2019s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.\u201d<\/p>\n<p>Not only does it infringe on the Second Amendment, but Thomas said New York\u2019s licensing scheme adds hurdles for Americans to be protected by the Fourteenth Amendment \u201cin that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.\u201d <\/p>\n<h2>Mass Shooting Stats Have Nothing To Do With This Case<\/h2>\n<p>In his concurring opinion, Alito slammed dissenting Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor for bringing up irrelevant statistics to try and justify restricting Americans\u2019 consitutional rights.<\/p>\n<p>\u201cWhy, for example, does the dissent think it is relevant to recount the mass shootings that have<br \/>occurred in recent years?\u201d Alito asked. \u201cDoes the dissent think that laws like New York\u2019s prevent or deter such atrocities? Will a person bent on carrying out a mass shooting be stopped if he knows that it is illegal to carry a handgun outside the home?\u201d<\/p>\n<p>Alito also questioned how the dissenting justices \u201caccount for the fact that one of the mass shootings near the top of its list took place in Buffalo?\u201d<\/p>\n<p>\u201cThe New York law at issue in this case obviously did not stop that perpetrator,\u201d he noted. <\/p>\n<p>Alito asked the same questions of gun suicides, domestic disputes, and other firearm-related statistics. <\/p>\n<h2>Good Guys Need Guns For Protection<\/h2>\n<p>Alito also noted in his concurring opinion that \u201cThe police cannot disarm every person who acquires a gun for use in criminal activity; nor can they provide bodyguard protection for the State\u2019s nearly 20 million residents or the 8.8 million people who live in New York City.\u201d <\/p>\n<p>And since \u201cordinary citizens frequently use firearms to protect themselves from criminal attack,\u201d they shouldn\u2019t be stopped from carrying a gun for self defense in crime-ridden cities in states such as New York. <\/p>\n<p>\u201cSome of these people reasonably believe that unless they can brandish or, if necessary, use a handgun in the case of attack, they may be murdered, raped, or suffer some other serious injury,\u201d Alito noted. \u201cToday, unfortunately, many Americans have good reason to fear that they will be victimized if they are unable to protect themselves. And today, no less than in 1791, the Second Amendment guarantees their right to do so.\u201d<\/p>\n<hr class=\"wp-block-separator\" \/>\n<p>\n  Jordan Boyd is a staff writer at The Federalist and co-producer of The Federalist Radio Hour. Her work has also been featured in The Daily Wire and Fox News. Jordan graduated from Baylor University where she majored in political science and minored in journalism. Follow her on Twitter @jordanboydtx.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The U.S. Supreme Court struck down a restrictive gun-licensing law in New York which required individuals who wanted to obtain a license to carry a firearm outside of the home<\/p>\n","protected":false},"author":490,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1527034","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1527034","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/490"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1527034"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1527034\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1527034"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1527034"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1527034"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}