New York State Rifle & Pistol Association, Inc. v. Bruen

Summarized by:

  • Court: United States Supreme Court
  • Area(s) of Law: Constitutional Law
  • Date Filed: April 26, 2021
  • Case #: 20-843
  • Judge(s)/Court Below: 818 F.App’x 99

Whether the State's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.

Petitioners applied for New York State licenses in order to carry firearms in public, which Respondents denied, and Petitioners sued to challenge the constitutionality of New York’s handgun policies. The district court and the Second Circuit held that the issue was settled, both citing Kachalsky v. Cty. of Westchester, 701 F.3d 81 (2d Cir. 2012), which held that the Second Amendment protects an individual right “of the people,” however, the state can decide which people can exercise that right. The Supreme Court granted cert to consider the constitutionality of New York’s general ban on handguns in public unless the applicants can demonstrate a “proper cause.” Petitioner argues that New York’s proper cause policy is unconstitutional because the text of the Second Amendment and history is clear that the right to bear arms expands beyond the home and into public. Moreover, Petitioner claims that the circuit courts apply different cases to reach different results when presented with the question as to whether the right to bear arms exists in public. Petitioner postures this case as a vehicle to resolve the circuit split. Finally, Petitioner argues that the issue this case presents is of special importance, and the minority of circuits that held against Petitioner’s position are unlawfully restricting a fundamental constitutional right.

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