“Anti-gun lawyers are both clever and relentless. That’s a key point to understand as the Supreme Court takes up a major Second Amendment case, New York State Rifle & Pistol Association v. Bruen.”
In earlier posts (here and here), I showed why the State of New York has a weak case for restricting the right to carry guns outside the home. According to the clear standard the Supreme Court has set, New York’s gun law should not be declared constitutional. That standard, established in District of Columbia v. Heller, holds that the constitutionality of gun laws turns on the text, history, and tradition of the Second Amendment and gun rights during America’s founding.
So, it’s no surprise that New York’s lawyers are pushing the Court to change the standard. They insist that an interest in promoting public safety justifies the state’s restrictive public-carry law. This approach allows them to paint a picture of “blood running in the streets” if the Court lifts New York’s restriction.
But that picture is completely misleading. Even if, suddenly, everyone agreed to accept concerns for public safety as a standard for reviewing New York’s gun law, New York’s defense should fail.
By Mark W. Smith