On Monday Apr. 26, the Supreme Court announced its decision to review a case testing how far a state can go when regulating whether an individual may carry a gun outside the home.
The case regarding the Second Amendment will be occurring next term. This will be the first monumental case regarding gun rights in ten years and is titled New York State Rifle & Pistol Inc. V. Corlett.
The New York law in question, passed in 1913, states that in order for a citizen to receive a concealed and carry permit, they need to show “proper cause.”
In a 2010 ruling, the Court held for the first time that the Second Amendment fully protects an individual’s right to bear arms for self defense. Since this monumental case, known as McDonald V. Chicago, the Supreme Court has stayed away from the issue, angering gun rights advocates and justices.
While a decade has passed since the last time the Supreme Court took up a Second Amendment case, the decision to take the case comes after a surge of several mass shootings in the US, and the Biden administration’s support for more gun control legislation.
The Court’s move to take the case highlights the impact of new justice Amy Coney Barrett. Justice Clarence Thomas and others have urged the court to take up the issue and, just last term, the Court turned down 7 cases regarding the right to bear arms. The addition of Justice Barrett to the court solidifies its conservative majority, which could gut President Joe Biden’s gun law proposals.
The justices’ decision on Monday could give the court the opportunity to revisit the 2008 majority opinion in District Of Columbia V. Heller, where the conservative decision was penned by the late Justice Antonin Scalia.
The best Democrats can hope for in this case is that the law gets ruled constitutional, allowing pro-gun control advocates to continue to increae gun regulations in the United states. The best Republicans can hope for is a decision that would make it unconstitutional for any state to ban a citizen’s right to conceal and carry in public. Either decision would be a major win for either side.