fbpx

The trusted voice of Minnesota's Gun Owners to Defend and Restore the Right to Keep and Bear Arms

CASE SUMMARY

In this case, the New York State Rifle & Pistol Association sued the State of New York over their may-issue permitting law for the lawful carry of firearms. On June 23rd, 2022, the US Supreme Court ruled 6-3 that the Second and Fourteenth Amendments protect an individual right to carry a firearm outside of the home.

CASE DETAILS

NEWS COVERAGE

MINNESOTA GUN OWNERS CAUCUS TIMELINE & ACTIONS

Our involvement in this case is as a ‘friend of the court’.  We are not a direct plaintiff in this case.

  • April 26th, 2021:  Cert was granted to the US Supreme Court.
  • July 20th, 2021:  Along with our partners the Second Amendment Foundation and 11 other state gun rights groups (Ohio, Connecticut, Florida, North Carolina, Illinois, Louisiana, Maryland, New Jersey, Virginia, Tennessee, and another national sportsmen’s group), we filed an Amicus Brief (friend of the court brief) with the United States Supreme Court.
  • August 16th, 2021:  The US Supreme Court has scheduled oral argument for this case for November 3, 2021.
  • November 3rd, 2021:  The US Supreme Court heard oral argument in this case.
  • June 23rd, 2022:  The US Supreme Court ruled 6-3 in this case.  Opinion.

QUESTIONS PRESENTED

In cases before the United States Supreme Court, the court certifies questions presented to the court on which arguments must be centered. In this case, the court has accepted the following question to resolve:

QUESTION PRESENTED:

New York prohibits its ordinary law-abiding citizens from carrying a handgun outside the home without a license, and it denies licenses to every citizen who fails to convince the state that he or she has “proper cause” to carry a firearm. In District of Columbia v. Heller, this Court held that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation,” 554 U.S. 570, 592 (2008), and in McDonald v. City of Chicago, the Court held that this right “is fully applicable to the States,” 561 U.S. 742, 750 (2010). For more than a decade since then, numerous courts of appeals have squarely divided on this critical question: whether the Second Amendment allows the government to deprive ordinary law-abiding citizens of the right to possess and carry a handgun outside the home. This circuit split is open and acknowledged, and it is squarely presented by this petition, in which the Second Circuit affirmed the constitutionality of a New York regime that prohibits law-abiding individuals from carrying a handgun unless they first demonstrate some form of “proper cause” that distinguishes them from the body of “the people” protected by the Second Amendment. The time has come for this Court to resolve this critical constitutional impasse and reaffirm the citizens’ fundamental right to carry a handgun for self-defense.

The question presented is: Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.

GRANTED LIMITED TO THE FOLLOWING QUESTION:

WHETHER THE STATE’S DENIAL OF PETITIONERS’ APPLICATIONS FOR CONCEALED-CARRY LICENSES FOR SELF-DEFENSE VIOLATED THE SECOND AMENDMENT.

COUNSEL OF RECORD

The Minnesota Gun Owners Caucus is represented in this case by David H. Thompson and Peter A. Patterson of Cooper & Kirk, PLLC in Washington, DC.

NEXT STEPS

  • This case is complete.

Updates and all filings in the case can be found on the Court’s website through the docket link above.

WANT TO SUPPORT OUR LEGAL & LITIGATION EFFORTS?

Our affiliated 501(c)(3), the Minnesota Gun Owners Support Fund, underwrites the majority of our legal action efforts.

You can make a tax-deductible donation directly to our Support Fund at this link.

You can also support our Support Fund through your purchases on Amazon through the Amazon Smile program. It takes just a few minutes to set up through our easy step-by-step guide.