{"id":1527221,"date":"2022-06-23T17:19:24","date_gmt":"2022-06-23T21:19:24","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1527221"},"modified":"2022-06-23T17:19:32","modified_gmt":"2022-06-23T21:19:32","slug":"the-supreme-courts-gun-decision-is-a-huge-win-for-the-constitution","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-supreme-courts-gun-decision-is-a-huge-win-for-the-constitution\/","title":{"rendered":"The Supreme Court\u2019s Gun Decision Is A Huge Win For The Constitution"},"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\">24<\/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-supreme-courts-gun-decision-is-a-huge-win-for-the-constitution%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=1527221&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--><div><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/06\/supreme-court.jpg\" class=\"ff-og-image-inserted\" alt=\"image\" \/><\/div>\n<p>In <em>District of Columbia v. Heller<\/em>, the Supreme Court recognized the individual right to gun ownership in the home. In <em>McDonald v. Chicago<\/em>, it recognized that the right of individual gun ownership extended to states and local municipalities. Today, in <em>New York State Rifle and Pistol Association v. Bruen<\/em>, the court <a href=\"https:\/\/www.supremecourt.gov\/opinions\/21pdf\/20-843_7j80.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">found<\/a> that \u201cNew York\u2019s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.\u201d<\/p>\n<p>Surely no one really believes that \u201cbearing arms\u201d in the Second Amendment was meant to restrict gun ownership to the home. But New York\u2019s gun restrictions demand that a law-abiding citizen beg permission from government officials, and then overcome a slew of subjective and discretionary standards, before being able to exercise a constitutional right. There is no historical or legal support for such restrictions. They are plainly authoritarian.<\/p>\n<p>\u201cWe know of no other constitutional rights that an individual may exercise only after demonstrating to government officers some special need,\u201d Justice Clarence Thomas noted in the majority opinion. \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>As the court noted, there are still five states with \u201cmay issue\u201d gun carry laws that are similar to New York\u2019s\u2014California, Hawaii, Maryland, Massachusetts, and New Jersey. All of them are now likely unconstitutional. And perhaps other gun restrictions will be challenged, as well.<\/p>\n<p>Lower courts use a two-step frame\u00adwork when ruling on Second Amendment cases\u2014the first step being the \u201ctext, history, and tradition\u201d of gun laws and the Constitution, and the second being the government case for restrictions that relies on data and other concerns. \u201cDespite the popularity of this two-step approach, it is one step too many,\u201d Thomas wrote. If only the text and tradi\u00adtion of the Second Amendment matter, as Supreme Court has now found, the means-end scrutiny that props up so many needless gun restrictions should no longer stand.<\/p>\n<p>The hysterical reaction to <em>Bruen,<\/em> now perfunctory for the contemporary left when it doesn\u2019t get its way, merely reaffirms that Democrats make no real distinction between responsible legal gun ownership and criminality or between the Constitution and their capricious political positions.<\/p>\n<p>New York Gov. Kathy Hochul <a href=\"https:\/\/twitter.com\/Reuters\/status\/1540009289087057920\" target=\"_blank\" rel=\"noreferrer noopener\">called<\/a> the ruling \u201creckless\u201d and \u201creprehensible,\u201d saying \u201cI\u2019m sorry this dark day has come.\u201d A fearmongering Sen. Kirsten Gillibrand <a href=\"https:\/\/www.youtube.com\/watch?v=AJdNVx67yRc\">said<\/a> the decision was \u201cnot just irresponsible, it is downright dangerous. \u2026 This court has made it even easier for potentially dangerous people to carry concealed handguns in public spaces.\u201d Nancy Pelosi <a href=\"https:\/\/fox5sandiego.com\/news\/world-news\/ap-international\/live-updates-supreme-court-strikes-down-ny-gun-law\/\" target=\"_blank\" rel=\"noreferrer noopener\">claimed<\/a> it was \u201cunfathomable that, while families in Uvalde, Buffalo and countless other communities mourn their loved ones stolen by gun violence, a supermajority of the Supreme Court has chosen to endanger more American lives.\u201d<\/p>\n<p>President Joe Biden also <a href=\"https:\/\/www.whitehouse.gov\/briefing-room\/statements-releases\/2022\/06\/23\/statement-by-president-joe-biden-on-supreme-court-ruling-on-guns\/\" target=\"_blank\" rel=\"noreferrer noopener\">chimed in<\/a>:<\/p>\n<blockquote class=\"wp-block-quote\">\n<p>In the wake of the horrific attacks in Buffalo and Uvalde, as well as the daily acts of gun violence that do not make national headlines, we must do more as a society \u2014 not less \u2014 to protect our fellow Americans. I remain committed to doing everything in my power to reduce gun violence and make our communities safer. I have already taken more executive actions to reduce gun violence than any other President during their first year in office, and I will continue to do all that I can to protect Americans from gun violence.<\/p>\n<\/blockquote>\n<p>The modern left doesn\u2019t even bother pretending they believe the Supreme Court has a responsibility to act as a separate branch of government and adjudicate the constitutionality of law. Rather than even ostensibly offering legal reasons for their ire, Democrats simply demand the Supreme Court uphold public sentiment (or, rather what they claim is public sentiment), even though SCOTUS <em>exists<\/em> to ignore those pressures. The fact that that attitude has congealed as the norm in one of our major political parties does not bode well for the future of the Republic.<\/p>\n<p>Indeed, one person who is more interested in scoring political points than he is in the Constitution is Justice Breyer, whose dissent in <em>Bruen <\/em>is a string of emotional appeals, offering a harangue on mass shootings that are unrelated to the case or carry permits or the Second Amendment.<\/p>\n<p>As Justice Alito notes:<\/p>\n<blockquote class=\"wp-block-quote\">\n<p>Why, for example, does the dissent think it is relevant to recount the mass shootings that have occurred in recent years? Does 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? And how does the dissent account for the fact that one of the mass shootings near the top of its list took place in Buffalo? The New York law at issue in this case obviously did not stop that perpetrator.<\/p>\n<\/blockquote>\n<p>The New York permit case has absolutely nothing to do with mass shootings. Conceal carry permit holders aren\u2019t mass shooters, they\u2019re one of the <a href=\"https:\/\/papers.ssrn.com\/sol3\/papers.cfm?abstract_id=2814691#:~:text=Abstract,the%20findings%20of%20our%20report%3A&#038;text=The%20increase%20in%20the%20number,record%2C%20increasing%20by%201.73%20million.\" target=\"_blank\" rel=\"noreferrer noopener\">most law-abiding<\/a> groups of citizens in the country\u2014less likely to abuse their guns than the police. There are numerous examples of shootings being stopped by gun owners. The notion that a murderer is going to apply for a license to carry out a killing spree is about as plausible as a murderer adhering to the restrictions of a gun-free zone.<\/p>\n<p>Yet, someone unfamiliar with the case, which I imagine most people still are, might listen to Democrats and media and now be under the impression that every regulation governing concealed carry permits had been wiped out. In 43 states there are still \u201cshall-issue\u201d laws, wherein states grant a permit to anyone who meets the legal requirements, that aren\u2019t affected by the ruling. There is no evidence that \u201cmay-issue\u201d states, where officials have discretionary powers, keep anyone safer. There is plenty of evidence, however, that the contemporary left is at war with the Constitution.<\/p>\n<hr class=\"wp-block-separator\" \/>\n<div class=\"article-author-description fst-italic\">\n  David Harsanyi is a senior editor at The Federalist. Harsanyi is a nationally syndicated columnist and author of five books\u2014the most recent, <a href=\"https:\/\/www.amazon.com\/Eurotrash-America-Reject-Failed-Continent\/dp\/0063066017\/\">Eurotrash: Why America Must Reject the Failed Ideas of a Dying Continent<\/a>. His work has appeared in National Review, the Wall Street Journal, Washington Post, Reason, New York Post, and numerous other publications. Follow him on Twitter, <a href=\"https:\/\/twitter.com\/davidharsanyi\/\">@davidharsanyi<\/a>.<\/div>\n","protected":false},"excerpt":{"rendered":"<p>In District of Columbia v. Heller, the Supreme Court recognized the individual right to gun ownership in the home. In McDonald v. Chicago, it recognized that the right of individual<\/p>\n","protected":false},"author":831,"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-1527221","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\/1527221","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\/831"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1527221"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1527221\/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=1527221"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1527221"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1527221"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}