This decision was made by six of the nine judges, all conservative, of the highest American court, which validated a law of the State of New York on the carrying of weapons.
The Supreme Court of the United States invalidated this Thursday, June 22, a law of the State of New York on the carrying of weapons, devoting in passing the right of Americans to leave their homes armed.
This decision, taken by a majority of six out of nine judges, all conservatives, comes as the country is still reeling from a series of deadly shootings, one of which, on May 24, killed 21 people in a primary school. from Texas. “The Second and Fourteenth Amendments to the Constitution protect an individual’s right to carry a handgun for self-defense outside the home.“Writes Judge Clarence Thomas for the majority.
Victory for the lobby
The Court actswithout considering the potentially deadly consequences of his decision“, regretted his progressive colleague Stephen Breyer in a separate argument, recalling that”in 2020, 45,222 Americans were killed by firearms“. The decision represents a sharp snub for supporters of a better framework for firearms, whose efforts it will complicate.
The powerful arms lobby in the United States, the NRA, hailed a “victoire“. “The NRA scores a victory!“, exclaimed the National Rifle Association on Twitter, pointing out that the high court had declared “unconstitutional” them “restrictionsto carry weapons prescribed by New York State law.
Concretely, it relates to a law which, since 1913, has limited the issuance of permits to carry concealed weapons to people who have reason to believe that they may have to defend themselves, for example because of their profession or threats against them. It had been challenged in court by two gun owners, who had been denied permits, and an affiliate of the NRA.
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The NRA advocates for a literal reading of the Second Amendment to the United States Constitution. Ratified in 1791, it states that “a well-organized militia being necessary for the security of a free state, the right of the people to keep and bear arms will not be infringed“. In 1939, the Supreme Court ruled that it protected the right to use arms as part of a law enforcement force, such as the military or police, but was not an individual right to self-defense.
She changed her position in a historic judgment in 2008 and established for the first time a right to possess a weapon in her home for self-defense. It has, however, left it to cities and states to regulate out-of-home transportation, so the rules vary widely from place to place. Thursday’s judgment puts an end to this latitude by setting in stone the right to carry a weapon.
As a first step, it should bring down laws similar to that of New York in force in other states, including some very populated like California or New Jersey. Other restrictions in force mainly in Democratic states could be challenged in court under this new legal framework.
“A dark day”
New York Governor Kathy Hochul lamented a “dark dayafter this decision. He is “outrageous, absolutely outrageous that they took away our rights to enjoy sensible restrictionsabout guns, the chief executive of one of the most strict gun-carrying states told reporters. “I’m sorry that dark day has come“added the elected Democrat.
The governor, whose state and New York City have been facing a spike in gun crime for months, then took to Twitter to lashed out at the six conservative Supreme Court justices, accusing them of have acted in such a wayreckless“. She promised toprotect New Yorkers from gun violence“.
New York Mayor Eric Adams said he fears the Supreme Court ruling will fuel “a wave of gun violence“. “We will cooperate to mitigate the risks created by this decision once implemented because we cannot let New York turn into the Wild West.“said the Democratic city councilor, a former police officer who has made the fight against gun violence the backbone of his mandate.
Joe Biden said to himself “deeply disappointedafter this a decision.
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