Saturday, November 16, 2024

Supreme Court ruling expands US gun rights

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The US Supreme Court has struck down a New York law restricting gun carrying rights.

The law required residents who wanted a license to prove “proper cause” to carry concealed weapons and that they faced “a special or unique” danger.

The 6-3 decision stated the requirement violated the Constitutional right to bear arms.

The ruling jeopardised similar restrictions in other states and expanded gun rights.

Justice Clarence Thomas, writing for the six-justice conservative majority on the court, held that Americans have a right to carry “commonly used” firearms for personal defence.

The Second Amendment right to bear arms was not a “second class” constitutional right subjected to greater restrictions “than other Bill of Rights guarantees,” he wrote.

The liberal justices, Elena Kagan, Sonia Sotomayor and Stephen Breyer, dissented.

The Supreme Court’s decision comes amid renewed intensity in the debate over gun rights as high profile shootings, including at a primary school in Uvalde, Texas, and a grocery store in Buffalo, New York, last month, have energised gun rights supporters and gun control activists alike.

Ahead of the Supreme Court’s ruling, the US Senate had announced steps towards new legislation tightening access to firearms.

However, Thursday’s decision from the top US court continued a steady pattern of rulings that have expanded gun rights, holding that the right to carry firearms both at home and in public was enshrined in the Second Amendment to the US Constitution.

The decision further cemented the court’s record on gun rights, not only striking down New York State’s law, but also endangering similar regulations in states such as California, Massachusetts, New Jersey and Maryland.

Even in the shadow of mass shootings in Uvalde and Buffalo, the six-justice majority on the Supreme Court stood by a broad interpretation of the Second Amendment first outlined by a narrower court majority in 2008.

As these court precedents pile up, it will be increasingly difficult for future Supreme Court justices to change course and interpret the Constitution as permitting broader gun restrictions.

In his dissent, Justice Breyer noted that gun violence had taken a significant number of lives in the US this year.

“Since the start of this year alone (2022), there have already been 277 reported mass shootings – an average of more than one per day,” he said. -BBC

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