10-12-2021, 14:55
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#1482
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Guerrilla
Join Date: Jan 2013
Location: Maryland
Posts: 450
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NYSRPA v. Bruen
https://www.law.cornell.edu/supremecourt/text/18-824
Quote:
III
Recognizing that the Constitution protects the right to carry arms in public does not mean that there is a “right to . . . carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” Heller, 554 U. S., at 626. “The protections enumerated in the Second Amendment . . . are not absolute prohibitions against government regulation.” Voisine v. United States, 579 U. S. ___, ___ (2016) (Thomas, J., dissenting) (slip op., at 17). States can impose restrictions on an individual’s right to bear arms that are consistent with historical limitations. “Some laws, however, broadly divest an individual of his Second Amendment rights” altogether. Ibid. This case gives us the ideal opportunity to at least begin analyzing which restrictions are consistent with the historical scope of the right to bear arms.
It appears that a handful of States throughout the country prohibit citizens from carrying arms in public unless they can establish “good cause” or a “justifiable need” for doing so. The majority of States, while regulating the carrying of arms to varying degrees, have not imposed such a restriction, which amounts to a “[b]a[n] on the ability of most citizens to exercise an enumerated right.” Wrenn, 864 F. 3d, at 666. The Courts of Appeals are squarely divided on the constitutionality of these onerous “justifiable need” or “good cause” restrictions. The D. C. Circuit has held that a law limiting public carry to those with a “good reason to fear injury to [their] person or property” violates the Second Amendment. Wrenn, 864 F. 3d, at 655 (internal quotation marks omitted).7 By contrast, the First, Second, Third, and Fourth Circuits have upheld the constitutionality of licensing schemes with “justifiable need” or “good reason” requirements, applying what purported to be an intermediate scrutiny standard. See Gould, 907 F. 3d, at 677; Kachalsky, 701 F. 3d, at 101; Drake, 724 F. 3d, at 440; Masciandaro, 638 F. 3d, at 460.
“One of this Court’s primary functions is to resolve ‘important matter[s]’ on which the courts of appeals are ‘in conflict.’ ” Gee v. Planned Parenthood of Gulf Coast, Inc., 586 U. S. ___, ___ (2018) (Thomas, J., dissenting from denial of certiorari) (slip op., at 1) (quoting this Court’s Rule 10(a)). The question whether a State can effectively ban most citizens from exercising their fundamental right to bear arms surely qualifies as such a matter. We should settle the conflict among the lower courts so that the fundamental protections set forth in our Constitution are applied equally to all citizens.
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Justice Thomas did write this but Justice Kavanaugh did not concur with part II
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pcfixer is offline
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