BREAKING: Supreme Court May Decide to Take up Gun Carry Case Tomorrow

April 14 2013
by GSL Staff
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USA Today is reporting that the United States Supreme Court may make a decision on whether to take up a case dealing with the public carry of guns as early as Monday.

Lower courts have been split in their decisions on whether to uphold carry outside of the home as a fundamental right covered by the Second Amendment.

The court recently found that the Second Amendment did protect an individual right to bear arms inside the home during their landmark DC vs Heller ruling in 2008. This ruling overturned Washington DC’s complete ban on handguns.

USA Today reports the following,

The case under consideration is a challenge to New York’s law that requires “proper cause” to carry a weapon in public. Ten states, including California, New Jersey, Massachusetts and Maryland, have similar restrictions. Most have been challenged in court.

Whether it grants the petition from New York or waits for another case, the court is virtually certain to weigh in soon. That’s because lower federal courts have issued split decisions on state laws designed to restrict the prevalence of handguns on the streets.

“It’s only a matter of time before the court decides whether people have a right to carry guns in public,” says Adam Winkler, a UCLA law professor and author of Gunfight: The Battle over the Right to Bear Arms in America. “This is the biggest unanswered question about the Second Amendment.”

If the court was to take up the case this could be the most favorable time as President Obama is likely to appoint at least one justice during his remaining term. It is suspected that justice will not be pro Second Amendment given the White House’s current push for gun control.

Also from USA Today,

Asked recently whether the Second Amendment’s right to bear arms is as unequivocal as the First Amendment’s right to free speech, Scalia said, “We’re going to find out, aren’t we?” — an indication he expects the court to hear a gun rights case in the near future.

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