Supreme Court rulings loom on New York gun carrying permit case, abortion access and more

Supreme Court rulings loom on New York gun carrying permit case, abortion access and more

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For the first time in more than a decade, the Supreme Court is considering a major Second Amendment case.

It’s a challenge to a New York law that strictly limits permits to carry guns outside the home, CBS2’s Tony Aiello reported back in November.

Obtaining a gun carry permit in New York requires proving to an official you face “special or unique danger” and have “proper cause” to get one.

The case was brought by two upstate residents who say they shouldn’t have to prove proper cause to exercise a constitutional right.

“Carrying a firearm outside the home is a fundamental constitutional right. It is not some extraordinary action that requires an extraordinary demonstration of need,” attorney Paul Clement, who represents one of the residents, said at the November court hearing.  

The effort to overturn New York’s permit requirements made for some interesting alliances. Bronx public defenders argued the law is unconstitutional, making it too difficult for minorities to exercise their Second Amendment right, and leading to unfair prosecutions for gun possession.

Meanwhile, a group of conservative legal scholars said restrictions on public carry are well-grounded.

Barbara Underwood, the state’s solicitor general, argued the case for New York.

“What the law does is recognize a right, but it recognizes it is subject to regulation,” Underwood said.

Many fear making it easier to get a carry permit could turn crowded spaces, such as Times Square, into the “Wild West.” Gov. Kathy Hochul said, “Having more armed people in public places doesn’t make us any safer.”

Warren Eller, an expert from John Jay College of Criminal Justice, told Aiello while that’s a legitimate worry, many states have made it easier to get a gun carry permit, “over the last two decades and we have never seen this huge outbreak of gun violence that everybody had claimed we were gonna see with this.”

With a 6-3 conservative majority, this could be the case the Supreme Court uses to ease restrictions on gun rights.

Forty three states make it easier than New York to obtain a gun carry permit, with a variety of background and reference check requirements, along with mandatory gun safety training.

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