US Supreme Court takes case seeking to expand concealed-carry rights in public places
Democratic Rep. Mondaire Jones calls on Supreme Court Justice Stephen Breyer to retire
"Justice Breyer, for whom I have great respect, should retire at the end of this term," Jones said. "My goodness, have we not learned our lesson?"During an interview with Cheddar News, Jones said the 82-year-old Breyer needed to retire in order to grant President Joe Biden the ability to nominate a new justice.
WASHINGTON – The Supreme Court agreed Monday to hear a challenge to New York's gun licensing requirements that could expandconcealed weapons in public, putting a major Second Amendment dispute on the docket for the first time in years.
The nation's highest court overruled handgun bans in Washington and Chicago in 2008 and 2010 in two blockbuster cases that affirmed the rights of Americans to possess guns in their homes but left unanswered questions about carrying in public. The court hasissues since then.
Supreme Court passes on Second Amendment cases challenging lifetime gun ownership ban
The Supreme Court declined to hear three Second Amendment cases challenging a federal ban on gun ownership for people convicted of nonviolent crimes.By not taking the appeals, the nation's highest court let stand a series of lower court rulings that prohibited people convicted of driving under the influence, making false statements on tax returns and selling counterfeit cassette tapes from owning a gun.
In that time, the court has grown more conservative and several of the justices have signaled a desire in their dissents to address unresolved questions about guns rights. President Donald Trump's three nominees to the court have given conservatives an ostensible 6-3 edge, assuming the justices break along ideological lines.
The court passed earlier this month onfor people convicted of nonviolent crimes, disappointing Second Amendment advocates who hoped a more conservative court would begin to chip away at the restriction.
The New York case made its way to the court amid a series of recent mass shootings, including in, and . It's not clear whether such events weigh into the decision to take a case or not because the court generally doesn't say.
Senate Democrats Dodge on Packing the Supreme Court
Most Democratic senators refuse to take the idea off the table.Nearly a week later, Markey has yet to gain a single Senate co-sponsor for the bill. But more than a dozen Democratic senators who spoke to National Review in the Capitol refused to unequivocally rule out supporting the plan.
The landmark 5-4 decision in District of Columbia v. Heller in 2008 specifically nodded to the right to own a gun for lawful purposes, like self-defense within the home.
"Handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid," the late Associate Justice Antonin Scalia wrote in that decision.
In the New York case, Robert Nash and Brandon Koch applied for licenses to carry guns outside the home. But they were rejected for failing "to show 'proper cause' to carry a firearm in public for the purpose of self-defense.”
They challenged the decision with a lawsuit against Keith Corlett, the superintendent of state police at the time. They asserted that the state rules on gun licensing would deem carrying a weapon "a crime unless one can preemptively convince a state that she enjoys an especially good reason for wanting" to do so.
Americans agree: Court packing is dangerous
If Biden and Congress move ahead with expanding the Supreme Court, most Americans will not be on their side.So said Joe Biden in 1983. He was denouncing Franklin D. Roosevelt's "court packing" plan, which would have empowered the president to appoint up to six new justices to the nation's highest court. But fast forward to 2021, and President Biden is singing a different tune.
"Good, even impeccable, moral character plus a simple desire to exercise a fundamental right is, according to these courts, not sufficient,” Nash and Koch told the court. “Nor is living or being employed in a 'high crime area.'"
State officials defended the licensing law, which dates to 1913, as stemming from an Anglo-American tradition of regulating firearms outside the home. Nash and Koch received restricted licenses typically given for hunting, target shooting or employment.
"Under New York’s law, applicants who seek an unrestricted license to carry a concealed handgun in public must establish 'proper cause,'" which means a non-speculative need for self defense,told the court.
This article originally appeared on USA TODAY:
Texas Senate poised to vote on constitutional carry .
A week after Lt. Gov. Dan Patrick said he didn’t have the votes in the Republican-led state Senate to pass constitutional carry, he’s now saying he will bring the bill to the floor for a vote. © Provided by Washington Examiner Texas is one of the only Republican-led states that has not passed a constitutional carry bill. In constitutional carry states, residents can legally carry a firearm without a license.