It won’t be long before the Supreme Court hands down a decision in a critical gun rights case that could potentially have significant ramifications for gun control in many blue states. The court’s ruling in the case of New York State Rifle & Pistol Association vs. Bruen has garnered the attention of many involved in the debate over gun rights.
The case centers on New York’s controversial gun licensing scheme, which many have called a violation of the Second Amendment. Under the state’s law, the local governing authority decides whether one is eligible to obtain a license to carry; this individual is empowered to accept or reject any application solely based on their discretion, even if the person seeking the license has filed all of the appropriate paperwork. Typically, the decision is based on whether the official decides the applicant has a valid reason to carry a firearm.
The lawsuit involves two men who were rejected when they attempted to obtain a license to carry a pistol. Attorney Paul Clement was the lead advocate who argued in favor of the plaintiffs before the Supreme Court in November. The questioning from the justices seems to indicate they might rule in favor of the plaintiffs. If this happens, it is probable that courts could take on more Second Amendment cases, which might portend good news for supporters of gun rights.
The Washington Examiner reported that Clement discussed the matter during a closed member briefing before the House Republican Future of American Freedoms Task Force. He said:
“You know, it’s quite possible that if we win in the New York carry case, that a bunch of these cases that are being held by the Supreme Court … awaiting their decision [will be] sent back to the lower courts, but if the lower courts don’t get the message this time around, then I think that’ll be the next issue up for the Supreme Court.”
Last week, the National Rifle Association’s Institute for Legislative Action filed a petition with the Supreme Court against California’s ban on magazines that hold more than 10 rounds. It is similar to another case the organization challenged in New Jersey. This case is still pending before the court.
While Clement was hesitant to make any concrete predictions about the court’s pending decision on New York’s gun permit law, he did note that the justices seemed to have attitudes favorable towards the plaintiffs. “I do think that most of the [justices’] commentary suggested that the court was pretty tough on the New York law. I think that’s appropriate because the New York law … in many respects is the carry equivalent of the kind of law that the District of Columbia had with respect to the right to keep an arm inside the home,” he said, referencing the District of Columbia vs. Heller decision.
Clement did predict that if the court ruled in favor of the plaintiffs, it would invalidate New York’s licensing scheme. “Whether the decision leaves an opening for New York to enact a revised ‘proper cause’ standard or some different law would depend on how the decision is written,” he said, noting that “the burden will likely be on the state to pass a new law that the state believes is consistent with the court’s decision.”
The lower courts have typically upheld laws restricting gun ownership. But with the new makeup of the Supreme Court, these laws could also be on the chopping block, now that this court is willing to hear Second Amendment cases. This could spell trouble for the gun control lobby, signaling that the tide is turning in the debate over gun ownership. Those who favor gun rights might expect to see a series of victories in the not-too-distant future.
