Capitol Police outside the US Supreme Court
Washington (AFP) - The US Supreme Court ruled Thursday that Americans have a fundamental right to carry a handgun in public, a landmark decision with far-reaching implications for states and cities across the country confronting a surge in gun violence.
The 6-3 decision strikes down a more than century-old New York law that required a person to prove they had a legitimate self-defense need to receive a permit to carry a concealed handgun outside the home.
Five other states, including California, and Washington, the nation’s capital, have similar laws and the ruling will curb their ability to restrict people from carrying guns in public.
Democratic President Joe Biden denounced the decision, saying it “contradicts both common sense and the Constitution, and should deeply trouble us all.”
“We must do more as a society -— not less -— to protect our fellow Americans,” Biden said. “I call on Americans across the country to make their voices heard on gun safety.”
Despite growing calls for limits on firearms after two horrific mass shootings in May, the court sided with plaintiffs who said the US Constitution guarantees the right to own and carry guns.
The ruling is the first by the court in a major Second Amendment case since 2008, when it ruled that Americans have a right to keep a gun at home for self-defense.
A customer in a Florida gun store
It was a stunning victory for the National Rifle Association lobby group, which brought the case along with two New York men who had been denied gun permits.
“Today’s ruling is a watershed win for good men and women all across America and is the result of a decades-long fight the NRA has led,” NRA executive vice president Wayne LaPierre said in a statement.
“The right to self-defense and to defend your family and loved ones should not end at your home.”
- ‘Dark day’ -
New York Governor Kathy Hochul called it a “dark day,” and vowed to enact gun control legislation.
Glock pistols displayed at a National Rifle Association (NRA) meeting in Houston, Texas in June 2022
“It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons,” Hochul said.
California’s governor Gavin Newsom termed the decision “shameful.”
“This is a dangerous decision from a court hell-bent on pushing a radical ideological agenda and infringing on the rights of states to protect our citizens from being gunned down in our streets, schools, and churches,” Newsom tweeted.
Justice Clarence Thomas wrote the majority opinion and was joined by the other five conservatives on the court, three of whom were nominated by former Republican president Donald Trump.
Thomas said the New York law prevents “law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.”
“We conclude that the State’s licensing regime violates the Constitution,” Thomas said.
New York prohibits open carrying of handguns and rifles and the court ruling does not affect that since it was narrowly focused on the state requirements for a permit to carry a concealed handgun.
The US Supreme Court ruled that Americans have a fundamental right to carrying guns in public
Just hours after the court ruling, the Senate moved in a different direction, passing a rare bipartisan bill that includes modest gun control measures.
“The gun safety bill we are passing tonight can be described with three adjectives: bipartisan, commonsense, lifesaving,” said Senate Majority Leader Chuck Schumer.
The breakthrough is the work of a cross-party group of senators who have been hammering out the details and resolving disputes for weeks.
The lawmakers had been scrambling to finish the negotiations quickly enough to capitalize on the momentum generated by the fatal shooting of 19 children in Uvalde, Texas and of 10 Black people at a supermarket in Buffalo, upstate New York, both last month.
In both cases, the gunmen were teens and used AR-15 style assault weapons.
- Liberals dissent -
The New York state law the Supreme Court overturned dated to 1913 and had stood based on the understanding that individual states had the right to regulate gun usage and ownership.
It said that to be given a permit to carry a concealed handgun outside the home, an applicant must clearly demonstrate “proper cause” – that it is explicitly needed for self-defense.
Gun-rights advocates said that violated the Second Amendment, which says “the right of people to keep and bear arms shall not be infringed.”
A girl lays flowers at a makeshift memorial at Robb Elementary School in Uvalde, Texas
The three liberal justices on the Supreme Court dissented to the ruling.
“Many states have tried to address some of the dangers of gun violence,” Justice Stephen Breyer said. “The Court today severely burdens states’ efforts to do so.”
Half of the 50 US states allow permitless carry of concealed firearms in public places while the other 25 allow it in some form.
Over the past two decades more than 200 million guns have hit the US market, led by assault rifles and personal handguns, feeding a surge in murders, mass shootings and suicides.