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In Landmark 2nd Amendment Ruling, SCOTUS Affirms Right 'To Carry a Handgun for Self-Defense Outside the Home'
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In a landmark victory for gun rights advocates, the U.S. Supreme Court today ruled 6–3 that "the Second and Fourteenth Amendments protect an individual's right to carry a handgun for self-defense outside the home."

In District of Columbia v. Heller (2008), the Supreme Court held that the Second Amendment secures the right to possess a handgun inside the home for self-defense purposes. In McDonald v. Chicago (2010), that right was applied against state and local governments. Today, in New York State Rifle & Pistol Association v. Bruen, the right was recognized to extend outside of the home.
 

The Supreme Court Stands Up For the Right to Self-Defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The New York policy in question was its “may issue” approach to concealed carry permit applications, which allow citizens to carry a concealed pistol on their person for self-defense. Many states have a permitting process—others have “constitutional carry”—but New York’s was particularly extreme. Not only did it require a basic background check and gun safety certification like many states do, it allowed government officials to deny the application unless the applicant could “demonstrate a special need for self-protection distinguishable from that of the general community.”

That’s right: It made a mockery of our rights and treated them as a privilege, only granting permits to celebrities or people who had explicitly been threatened.
 

Supreme Court Upholds Self-Defense Rights Against the ‘Permission Society’
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The U.S. Supreme Court today agreed with the Goldwater Institute and struck down a New York law that restricted the right of firearms possession to only people who could show some “special need.”

As we explained in a brief urging the Court to strike down the statute, “special need” is such a subjective notion that these types of laws effectively transform the right to possess a gun into a permission that the government can grant or withhold whenever it sees fit. “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,” wrote the justices.
 

MO: Prosecutor claims self-defense in Union shooting involving teen
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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No criminal charges will be filed from a recent shooting investigation in Union after the Franklin County Prosecutor deemed self-defense in the case.

Authorities say the shooting happened around 12:20 a.m. on Jun 13. Two men, 27 and 19 years old, were arguing about one of their girlfriends prior to the shooting. Investigators say the 19-year-old fired shots, leading to non-life-threatening injuries for the 27-year-old.

The 27-year-old was treated for injuries at a hospital. The Union Police Department spoke to the alleged shooter on June 15. The case was submitted to the Franklin County Prosecutor after that interview, who deemed self-defense in the case.
 

NY: Supreme Court rules Americans have right to carry guns in public for self-defense
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Supreme Court decision ruled Americans have the right to carry guns in public for self-defense.

The ruling struck down a century-old New York law requiring people to show a particular need for carrying a gun in order to get a license to carry one in public - but the Supreme Court ruled that process violated the Second Amendment and Fourteenth Amendment.

Besides New York, other states like New Jersey, California, and Connecticut all have similar laws and must figure out the next steps.
 

NY: SCOTUS rules restrictions on concealed carry violate the Second Amendment
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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TOTENBERG: Pretty broad. It abolishes the entire framework of the way gun regulations have been analyzed by the courts in the past. And if you read Justice Thomas' opinion, joined by five other conservatives on the court, you will see that this decision and the history it accounts is extremely broad. But there are hints at some disagreement. So first, if I - if you can read from Justice Thomas' opinion, he says the right to bear arms in public for self-defense is not a second-class right. We know of no other constitutional right that an individual may exercise only after demonstrating to government officers that some special need - that there's some special need.
 

Supreme Court expands gun rights, with nation divided
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In a major expansion of gun rights after a series of mass shootings, the Supreme Court said Thursday that Americans have a right to carry firearms in public for self-defense, a ruling likely to lead to more people legally armed. The decision came out as Congress and states debate gun-control legislation.

About one-quarter of the U.S. population lives in states expected to be affected by the ruling, which struck down a New York gun law. The high court’s first major gun decision in more than a decade split the court 6-3, with the court’s conservatives in the majority and liberals in dissent.
 

TN: Tennessee Attorney General 'commends' SCOTUS ruling on gun rights
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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In a major expansion of gun rights after a series of mass shootings, the Supreme Court of the United States said Thursday that Americans have a right to carry firearms in public for self-defense, a ruling likely to lead to more people being legally armed.

The court voted 6-3.

With that ruling, Tennessee Attorney General Herbert Slatery said he supported the direction of the ruling.

"I commend the U.S. Supreme Court for recognizing the Constitutional right to bear arms in public for self-defense is not a ‘second-class’ right,” Slatery said. “Law-abiding Tennesseans can be assured they have a right to carry a handgun for self-defense outside their homes.
 

Poll: Nearly 83 Percent of Voters Back Second Amendment Self-Defense Principles
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Nearly 83% of voters say the Second Amendment was adopted to protect self, family, and property, and to protect against government tyranny, according to a poll conducted by The Trafalgar Group.

Nearly 56% said the Second Amendment was adopted to protect self, family, and property, while 29.2% said it was adopted to protect against government tyranny.
 

'The Second Amendment Is Not Unlimited,' Brett Kavanaugh Stresses in SCOTUS Gun Case
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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First, Kavanaugh stressed, the constitutional problem with New York's licensing scheme for carrying handguns in public was that "it grants open-ended discretion to licensing officials and authorizes licenses only for those applicants who can show some special need apart from self-defense." By contrast, "43 States employ objective shall-issue licensing regimes. Those shall-issue regimes may require a license applicant to undergo fingerprinting, a background check, a mental health records check, and training in firearms handling and in laws regarding the use of force, among other possible requirements." Today's decision by the Court, Kavanaugh emphasized, did not touch any of that in any of those 43 states.
 

How Should Courts Evaluate Gun Regulations After Bruen?
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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There's much to be said and debated about the N.Y. State Rifle & Pistol Ass'n v. Bruen opinions, and who got it right. But for now, I want to turn to the practical question: What does Bruen mean for gun laws going forward?

Here is my very tentative summary of what appears to me on first read, based on Justice Thomas's majority opinion (joined by Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh, and Barrett) plus a bit from Justice Kavanaugh's concurrence, joined by Chief Justice Roberts:
 

Supreme Court Paves Way for Even Looser Gun Laws Weeks After Uvalde Massacre
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Constitutional lawyer Jeff Lewis told The Daily Beast the decision does more than simply strike down state concealed-carry laws.

“The court today establishes a very high bar for all gun restrictions,” he said. “Unless a legislature or court can establish that the regulation existed or was consistent with a regulation that existed at the time the Second Amendment was enacted, a gun restriction will no longer survive a Second Amendment challenge. Very few state gun laws will be able to survive such a high standard.”
 

Supreme Court expands gun rights in major Second Amendment ruling
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The Supreme Court on Thursday struck down a New York state law that made it difficult to obtain a permit to carry a handgun outside the home, marking the justices’ first major opinion on Second Amendment rights in more than a decade.

The 6-3 decision to invalidate New York’s law will almost certainly render unconstitutional similar restrictions in more than a half dozen other states that give licensing officials wide discretion over concealed carry permitting.
 

OK: Oklahoma takes lead addressing mass shootings while protecting 2nd Amend. with new executive order, gov says
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Oklahoma is taking the lead on addressing mass shootings at schools with a new executive order that Republican Gov. Kevin Stitt says will protect the Second Amendment rights of the state's citizens while making students safer.

In an exclusive interview with Fox News Digital, Stitt unveiled the details of the executive order, called "Mission S.O.S.," or "Secure Oklahoma Schools," and stressed the importance of addressing mental health issues leading to mass shootings, as well as ensuring law enforcement and teachers were properly trained to handle a mass shooting situation should one arise.
 

SAF Hails Supreme Court Ruling in New York Case
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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“We are gratified that the high court has said there can be no bureaucratic prerequisite to exercising one’s constitutionally-protected right to bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “For too many generations, New York’s requirement has been the vehicle by which the constitutional rights of average law-abiding citizens have been deprived under color of law.

... “This pattern of exclusivity—allowing only those with wealth and political connections to legally carry guns in public—has been an affront to the constitution for decades, ...
 

CT: Legal experts: Supreme Court ruling could challenge Connecticut gun laws
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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"The CCDL currently has a lawsuit that we filed last year against three major cities here in the state of Connecticut -- Hartford, Bridgeport, and New Haven -- for making it virtually impossible for residents of their city to apply for a permit,” said CCDL president Holly Sullivan. "In many, many cases, those time frames are being abused. Some people are waiting a year, sometimes longer."

If police deny an applicant, they can appeal to the Board of Firearms Permit Examiners, but that process can take more than two years.

Connecticut Attorney General William Tong also warns other gun laws are now at risk, including age restrictions and the state’s assault weapons ban.
 

Guns and Judicial Protection of Constitutional Rights that Put Lives at Risk
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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He argues that the Court's decisions is wrong because it "severely burdens" States' efforts to "address some of the dangers of gun violence…. by passing laws that limit, in various ways, who may purchase, carry, or use firearms of different kinds." It isn't just that Breyer believes courts must take these "dangers" into account. He contends they justify near-total judicial deference in gun rights cases - deference far-reaching enough to uphold the New York law at issue in this case, which presumptively bans carrying of guns outside the home by nearly all law-abiding citizens, thereby effectively gutting the "bear" part of the right to "keep and bear arms."
 

FL: DeSantis praises Supreme Court ruling striking down New York gun law
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Gov. Ron DeSantis praised a controversial U.S. Supreme Court decision that strikes down a New York law that restricted people from carrying concealed weapons in public.

“I think it was definitely the right decision," DeSantis said Thursday during a press conference in Broward County focused on efforts to fight Alzheimer's disease.

New York's century-old gun law required people to seek a permit to carry a concealed weapon outside the home to demonstrate a specific self-defense need.
 

Appeals court revives challenge to bump stock ban
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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A legal challenge to the Trump administration’s ban on bump stocks — devices attached to semiautomatic firearms so that a shooter can fire multiple rounds with a single trigger pull — was revived Thursday by a federal appeals court.

A panel of the 5th U.S. Circuit Court of Appeals in New Orleans had upheld the ban in December, affirming a ruling by a Texas-based federal judge. But an order issued Thursday stated that a majority of the 17-member court had voted to rehear the case. The challenge was brought by a Texas gun owner and is backed by gun rights groups including the National Rifle Association.
 

NRA Wins Supreme Court Case NYSRPA v. Bruen
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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The National Rifle Association (NRA) welcomes the Supreme Court’s decision in NYSRPA v. Bruen. The Court affirmed that the right to bear arms does not stop at a person’s front door. This is the most significant Second Amendment ruling in more than a decade.

“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,” said Wayne LaPierre, executive vice president of the National Rifle Association. “The right to self-defense and to defend your family and loved ones should not end at your home.”
 

Liberal States Vow to Protect Gun Control Laws From Supreme Court Ruling
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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California's governor condemned as "shameful" Thursday's Supreme Court ruling that could have a dramatic impact on half a dozen US states with strict gun carry laws.

Gavin Newsom, who overseas the most populous state in the union, and one with some of the most restrictive rules on firearms, said the 6-3 decision by the right-leaning court was "a dark day in America."

"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 said on Twitter. "Shameful."
 

NSSF Statement on the Bipartisan Safer Communities Act
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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While NSSF understands the need for law enforcement to intervene in circumstances when someone is an imminent threat to themselves or others, we have steadfastly maintained that if that intervention involves removing a person’s firearms there must be strong Due Process protections in place. Current “extreme risk protective orders” that exist in 19 states do not come close to providing adequate due process protections when the government deprives someone of their fundamental Constitutional rights. We cannot support the use of taxpayer funds to implement more such unconstitutional laws without specific and iron clad assurances Due Process rights will be protected.
 

CA: Supreme Court ruling making it easier to carry handguns puts target on California gun laws
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Most states either issue concealed carry licenses upon request or do not require licenses at all. But in eight states, applicants are required to show a compelling need before being granted permission to tote around a concealed firearm. Until Thursday's ruling, New York was one of those states. California is another.

“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,” Thomas wrote, offering a description of New York’s concealed carry law, but also California’s.
 

The Law Firm That Got Tired of Winning
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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We are blessed to have represented before the Supreme Court a wide variety of clients, from large corporations and religious orders to criminal defendants and Native American groups. After we prevail before the high court, we generally receive a round of congratulatory messages from law-firm colleagues for a job well done, especially when we have helped our clients vindicate their fundamental constitutional rights.

This time around, we received a very different message from our law firm. Having just secured a landmark decision vindicating our clients’ constitutional Second Amendment rights in New York State Rifle & Pistol Association v. Bruen, we were presented with a stark choice—withdraw from representing them or withdraw from the firm
 

RI: Rhode Island Gov. McKee Signs 3 Gun Safety Bills Into Law
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

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Rhode Island’s governor signed three firearms bills into law on Tuesday that included a ban on magazines holding more than 10 rounds, calling it a response to a national crisis that has “taken too many lives and torn apart too many families.”

The bills aim to reduce gun violence and prevent mass shootings like recent ones in New York and Texas. In addition to banning large-capacity gun magazines, the bills raise from 18 to 21 the state’s minimum age for buying rifles and shotguns, and prohibit loaded rifles and shotguns from being carried in public. Current state law already bars the sale or possession of handguns to people under 21.
 

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