The Supreme Court will hear a lawsuit against New York’s ban on transporting firearms. The decision by the court may result in expanding gun rights across the country.
Justices have remained silent since the decision on Heller where the court ruled that the second amendment was an individual right. The justices have refused to hear any cases involving the second amendment from gun control or gun rights groups since then.
A gun owner cannot transport their firearm outside the home under current New York city law. Lower courts have upheld the law as constitutional.
Expanding gun rights will be a direct result of the addition of conservative justices
President Trump promised he would appoint conservative justices to the Supreme Court. Those justices will play a key role in the outcome of the case.
Gun control laws such as those that ban most semiautomatic guns are attacks on gun rights.
USA Today interviewed UCLA Law professor Adam Winkler regarding the potential impact of the court’s decision.
“There’s a bunch of unsettled questions that need to be answered in the Second Amendment area,” said Adam Winkler, a UCLA School of Law professor who’s written extensively on the battle over gun rights.
With the addition of Associate Justice Brett Kavanaugh in October, “you have four justices who are very strongly committed to robust Second Amendment protections,” Winkler said. “The case has great potential to limit the ability of state and local governments to pass gun control legislation.”
Does the Second Amendment extend beyond the home?
The court will decide if the Second Amendment applies to an individual once they leave their home. Expanding gun rights is the only logical option they have. Freedom of speech and every other right we have applies to us no matter where we are.
Gun owners in New York must choose which right to exercise. Their choice is between their right to freely travel and their second amendment rights. Citizens in almost every other state can freely travel with their firearms.
Some Supreme Court Justices believe the Second Amendment is ignored
The Second Amendment has been treated as a second class right some justices have spoken against. An article in Constitution Daily shows some of the disagreements between the justices.
The Supreme Court is considering a case that may result in expanding gun rights.
Justices, Clarence Thomas, has protested repeatedly when the Court refused to hear prior appeals on gun rights, including cases involving flat bans on high-powered assault guns and large bullet feeders. In fact, Thomas has argued that the Court was treating the Second Amendment’s “right to keep and bear arms” as “second-class” constitutional guarantees.
New York has a history of extremely strict gun control laws that do not reduce crime within the city. Gun control legislation has become a regular part of their political process. Each new law seeks to further restrict the rights of citizens.
The appeal that the Court has now agreed to review contends that New York City gun laws are “draconian” in their restriction of personal rights. The city requires every person who wants to own a handgun to obtain a license, allowing them to possess it within their own home. That part of its laws is not directly at issue. What is at stake are additional restrictions that control the movement of a handgun outside the home.
Self defense goes beyond the home
The Sig Sauer P320 compact is a very reliable pistol
Our right to self defense extends beyond our home. Citizens should have the tools necessary to protect themselves and their families. Expanding gun rights will give more citizens the tools they need to stay safe.
The Supreme Court has an opportunity to restore the Constitutional rights of citizens in New York and expand the rights for millions more across the country.
Criminals do not fear the police and will prey on anyone they can. Armed citizens regularly use firearms to protect themselves and others from violent crime.