Does the Constitution protect the right to carry a firearm outside the home? The U.S. Supreme Court is set to answer that question by next year. On Monday, April 26, the Court announced it would hear the case of New York residents challenging their state law, which gives government officials complete discretion over who gets permission to carry. New York Rifle & Pistol Association v. Corlett, backed by the National Rifle Association will be argued in the fall.
Article by Scott D. Cosenza from Liberty Nation.
New York is one of the worst states in the union when it comes to gun laws. The state requires would-be holders of a license to carry concealed to jump through innumerable hoops and expenses, and the last one is often impossible. In New York and a few other hold-out states, the final call on whether an applicant is issued a license or permit depends on whether a state or county employee thinks it’s a good idea. That is what’s at issue here for those in these reddest of states.
‘Shall Issue’ Comes To Court?
Since the 1980s, more and more states have gone from may issue permitting to shall issue. If you present yourself at the DMV having passed all the tests and with proper ID, you are entitled to the driver’s license. Laws and regulations require the issuance of the driver’s license to all qualified applicants. Imagine the same setup, where you have to convince someone at the DMV you need to drive but the DMV clerk could simply rule against you without the right to appeal. Such is the case with permission to carry guns in the red states on the map shown. The state may issue permits to qualified people, but it doesn’t have to.
So, celebrities and politicians often get licenses, but Jane Q. Public can pound sand. That may change thanks to the late Justice Ruth Bader Ginsburg’s refusal to exit the Court during the Obama administration.
The Supreme Court rejected a challenge against a restrictive New York City gun law just last year because the city quickly changed the law before the case could be heard. Justices hadn’t made a big ruling on a Second Amendment case since McDonald v. Chicago in 2010. It ruled 5-4 that states, as well as the federal government, are subject to the Second Amendment. Now, gun-rights advocates think they have a winning hand at the high court and are pressing forward.
Justice Clarence Thomas was moved to dissent from the bench when the Court refused the New York City case last year. He said:
“In several jurisdictions throughout the country, law-abiding citizens have been barred from exercising the fundamental right to bear arms because they cannot show that they have a ‘justifiable need’ or ‘good reason’ for doing so.” He continued, “One would think that such an onerous burden on a fundamental right would warrant this court’s review.”
Thomas will get his wish now and with a decidedly more conservative set of justices.
Ruth’s Replacement To The Rescue
In a twist of irony that must make gun-rights proponents smile, Justice Ginsburg famously rejected requests to resign during the Obama administration. She complained that, had she done so, she would not be replaced with someone as liberal. The left wasn’t worried about a choice between her and whoever Obama could get through, it was between her and who a Republican might appoint.
Justice Ginsburg was in the dissent in McDonald and would certainly vote against the would-be gun carriers in this case. She was quite hostile, judicially, to the notion that gun rights were individual rights, akin to others found in the Bill of Rights. She was, however, replaced by Amy Coney Barrett, who is the hope of conservatives. Justice Barrett’s jurisprudence is still up in the air as a new member of the Court, but it’s a sure bet she will be better for gun rights than Justice Ginsburg.
How much better remains to be seen, but we will keep you up to date here at LibertyNation.com as the case progresses.
Read more from Scott D. Cosenza.
One Sick Day Proves We Need More Voices in Truthful Media
On October 19, I was sick. It crossed my mind that I had finally gotten the ‘rona, but my wife’s cream of chicken soup and a few extra hours of sleep into mid-afternoon had be back up and running after a sleepless night before.
When I finally stumbled over to my computer in the evening, I was met with a deluge of concern from readers. They asked what had happened as only one article had been posted that day. Generally, we post between 10-20 daily between all of the sites, not included curated and aggregated content. Seeing that we’d only posted my super-early morning article before taking the rest of the day off had readers assuming the worst.
We have a wonderful and talented group of writers who volunteer their time for the sites and their readers. Sharing their amazing perspectives has always been a blessing to us because we cannot afford to hire anyone at this time. But having great writers is meaningless if we don’t have great editors, or at least one additional. My wife helps me read and edit stories from time to time, but I’m a one-man show when it comes to getting the stories posted.
Whenever I highlight our desperate need for donations, I note that we do not receive money from Google ads even though most in conservative media are beholden. I often ambiguously note that the money donated will help us grow. Today, I’m highlighting a specific need. We must get an editor to help take some of the load and to expand on our mission of spreading the truth to the world. One sick day proved that.
The great news is that there is no shortage of people who CAN help. I am emailed variations of resumes every week by people who are much smarter than I am. As much as I’d love to hire some of them, we simply cannot. That takes money and as blessed as we’ve been to receive donations and collect ad money (though not from Google or Facebook), we have still fallen short.
Those who have the means, PLEASE consider donating. We have the standard Giving Fuel option and people can donate through PayPal. We are also diving into what we believe is extremely disruptive technology at LetsGo.finance, the world’s first major donation portal for crypto. I’ll be talking a lot more about them in the near future. Those who prefer Bitcoin can send to my address here: 3A1ELVhGgrwrypwTJhPwnaTVGmuqyQrMB8
We can get the voices out there and we’re willing to shine a spotlight on new talent. We just need the resources to make it happen. If you can help, we would be extremely grateful.
Thank you and God bless!
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