Americans Against Gun Violence Condemns Supreme Court Ruling that New York’s Requirement for Special Permit to Carry Concealed Handguns Violates the Second Amendment
Sacramento California, September June 23, 2022: Americans Against Gun Violence condemns the 6-3 ruling issued by the Supreme Court today in the case of the New York State Rifle and Pistol Association v. Bruen (NYSRPA v. Bruen) that New York’s requirement for a special permit to carry a concealed handgun violates the Second Amendment.
As egregiously flawed and dangerous as this decision is, it was not unexpected. Three of the justices in the Bruen majority (Roberts, Thomas, and Alito) were members of the narrow, five justice majority in the Supreme Court’s rogue 2008 Heller decision, in which the Court reversed over two centuries of legal precedent, including four prior Supreme Court opinions, in ruling that the Second Amendment conferred an individual right to own guns unrelated to service in a “well regulated militia.” The other three justices in the Bruen majority (Gorsuch, Kavanaugh, and Coney Barrett) were all nominated by Donald Trump, who promised assembled NRA members at their annual convention in 2017 that he would “never, ever” let them down.
The Second Amendment states, in its entirety, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” The history and text of the Second Amendment clearly demonstrate that the Amendment was intended to confer a collective right for citizen militias to possess weapons of war for the common defense, not an individual right to own guns for personal use, much less an individual right to carry concealed handguns. (See the discussion, “Does the Second Amendment guarantee an individual right to own a gun unrelated to service in a “well regulated militia?” on the Facts and FAQ’s page of this website for a detailed discussion of this topic.)
The majority opinion in NYSRPA v. Bruen, written by Justice Thomas, and the concurring opinions by Justices Alito and Kavanaugh, make 123 references to the Heller decision as binding precedent concerning the proper interpretation of the Second Amendment. The Heller decision has been described by respected authorities as “gun rights propaganda passing as scholarship” and as “evidence of the ability of well-staffed courts to produce snow jobs.” In his autobiography, the late Supreme Court Justice John Paul Stevens described the Heller decision as “unquestionably the most clearly incorrect decision that the Court announced during my