The Supreme Court ruled Thursday that the New York state law that limits the right to carry concealed weapons in public spaces is unconstitutional, a decision that shakes the political debate after the massacres of Uvalde (Texas) and Buffalo (New York).
The magistrates considered by 6 votes in favor (of the conservative majority) and three against (of the progressives) that the New York norm is too restrictive, thus contravening the Second Amendment of the Constitution on firearms.
From now on, the government will have to be "consistent with this nation's historical tradition of firearms regulation," Judge Clarencec Th wrote.
New York
prohibits openly carrying a gun
.
If a person wants to carry a weapon, he should then
do so in a hidden way.
For this, you must apply for a license
, states the state law, demonstrating "a special need for self-protection that is distinguished from that of the community in general or of people who practice the same profession."
The Supreme Court ruled that this requirement is unconstitutional.
In a landmark 2008 decision, the court said for the first time that the Second Amendment safeguards a person's right to own firearms, though that decision was limited to keeping them at home for self-defense.
Rifles on display at the National Rifle Association (NRA) convention, during their annual meeting in Houston, Texas, on May 28, 2022. Patrick T. Fallon / AFP via Getty Images
New York's requirement violates the Constitution, Justice Thomas explained in writing the majority opinion, because it only allows for licenses when an applicant shows a special need for self-defense.
But the opinion also acknowledges that case law has "established" that spaces such as polling places and courthouses are "'sensitive places' where the carrying of weapons could be prohibited in accordance with the Second Amendment."
A group of citizens brought the case before the highest court in the United States, alleging that it is "virtually impossible for the ordinary citizen" to obtain such permission.
[Seven states raise the age to purchase semi-automatic rifles. Activists want Congress to force the other 43]
Robert Nash, one of them, stated in the lawsuit that he wanted to carry a weapon as a result of
a series of robberies that occurred in his neighborhood
.
Brendan Koch, another plaintiff, also alleged his desire to carry a gun for protection.
Both claimed to have completed gun safety courses, but their permits were denied.
Given the refusal, they joined a lawsuit against the law filed by the New York State Rifle and Pistol Association.
A debate that divides the country
The decision issued by the Supreme Court comes at a convulsive moment for the country, shaken by the massacre in an elementary school in Uvalde, which left 19 children and two teachers dead, and the Buffalo shooting, in which 10 people died.
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The tragedies reopened the debate on gun control and the implementation of systems to check the background of those who want to acquire firearms, thus pressuring Democrats and Republicans to reach an agreement.
The House of Representatives approved a bill on June 8 that increases the minimum age for the purchase of semi-automatic rifles from 18 to 21, as well as prohibiting the sale of ammunition magazines with a capacity of more than 15 rounds.
However, it is expected that the measure will not reach the necessary consensus in the Senate and will end up blocked.
On the other hand, a Commission of the House of Representatives heard the testimonies of survivors and relatives of victims of both shootings, who asked them for laws that curb armed violence.
