The Supreme Court of the United States has set Wednesday, Nov. 3 as the date it will hear the long-awaited case of New York State Rifle & Pistol Association v. Bruen, which challenges the Empire State’s “good cause” requirement for anyone seeking a license to carry a firearm outside the home for personal protection.
The case was originally called New York State Rifle & Pistol Association v. Corlett, and many people continue to call it that today.
This could be the landmark case of the decade, as the court—with a perceived conservative, pro-Second Amendment majority of 6-3 (or 5-4, depending upon one’s perspective)—could determine once and for all the parameters of the right to bear arms.
As noted by Pete Williams at MSNBC, the high court has already ruled (in District of Columbia v. Heller in 2008) that individual citizens have the right to keep firearms in their own home. But over the past decade-plus, the court has been reluctant to take another Second Amendment case.
The stakes are high, with amicus briefs having poured in from both sides.
Weighing in recently at The Hill on the importance of this case, attorney and Second Amendment scholar Stephen Halbrook quoted soon-to-be-ex-Gov. Andrew Cuomo, who declared, “The streets of New York are not the O.K. Corral and the NRA’s dream of a society where everyone is terrified of each other and armed to the teeth is abhorrent to our values.”
His ability to discuss values notwithstanding, Cuomo didn’t pay much attention to history, as detailed by Halbrook.
“The murder rate in today’s New York City far exceeds that of any cattle town in the Wild West,” Halbrook, who is also something of a historian, wrote. “In 2021, shootings are up almost 70 percent over 2020. Compared to 2019, murders are up nearly 50 percent. People are concerned for their safety. New York is not alone, violent crime in urban areas is surging nationwide.”
New York is one of only eight states that still maintain a “may issue” scheme for handing out carry permits, and frequently authorities find an excuse to not hand them out. Other states have adopted “shall issue” statutes, and nearly half of the states now have what is generically called “Constitutional carry” laws, which means people may legally carry with no permit at all. Many grassroots gun rights activists insist the Second Amendment is all the permit they need.
The situation in New York is exacerbated by the high fees charged to applicants, with no guarantee they will be granted a permit. It takes months, and hundreds of dollars, and no small inconvenience to go through the process. It is a process that seems more designed to discourage people from applying than it is to enable them to be armed in public for their own protection.
Halbrook sums it up nicely observing, “Whether ‘the people’ have a right to bear arms, or whether ‘the people’ is a code term for a government-approved elite, is going to be a challenging argument for New York. Must citizens convince government bureaucrats they have a special need for self-defense? What is it? Ability to pay fees? Connections? Celebrity? Is living in a high crime neighborhood not a special need?”
The key issue is that this case is about a constitutionally enumerated fundamental right, not a government-regulated privilege. Since when, say gun rights proponents, is it necessary to demonstrate any kind of need, or provide any reason whatsoever, to exercise a right?
The gun prohibition lobby is nervous about this case for good reason. If the high court rules against New York, it will have an immediate impact on seven other states, including neighboring New Jersey, Maryland, Massachusetts and California, for example. There are no accurate estimates on the number of people in those and a handful of other states who would immediately apply for licenses or permits to carry, but with somewhere north of 19.5 million citizens already legally carrying with a wallet document, plus an untold number of people packing without a permit/license, is would be safe to presume the numbers would spike upwards fast.
Writing at SCOTUSblog, Amy Howe explains, “The court did not indicate whether it would hear oral argument by telephone, as it has done since May 2020 because of the COVID-19 pandemic, or whether it would instead return to the courtroom for in-person arguments.”
NYSR&PA v. Bruen is one of nine cases the court will hear over a six-day period, she noted. Howe calls this “one of the highest-profile cases of the term so far.”
That being the case, nobody should expect a ruling until the end of the term, in June 2022. Traditionally, the Supreme Court holds its most controversial rulings until the final days of the term, as it did with the Heller case and its ruling in McDonald v. City of Chicago in June 2010.
If the court holds to this tradition, the New York ruling will undoubtedly become a mid-term campaign issue, with Democrats having already proposed restrictive legislation, and passed some in the House. The outcome of the mid-terms may determine whether Democrats and Joe Biden will be finished with gun control next fall, or be given the green light to push whatever legislation they can.
Where may we get information on buying guns and training on how to use them? Saf.org
EXPERT GUESTS AVAILABLE TO INTERVIEW ON THIS TOPIC:
ABOUT CAM EDWARDS (In Eastern Time)
Cam Edwards of the Second Amendment Foundation – Cam Edwards is the editor at Bearing Arms-dot-com and the host of the Cam & Company podcast, which focuses on Second Amendment news and information. Cam is originally from Oklahoma City, Oklahoma and has worked in radio, television, and online media for over two decades.
He currently lives on a small farm with his family near Farmville, Virginia and is a member of the board of Citizens Committee to Keep and Bear Arms.
ABOUT GLEN CAROLINE (In Eastern Time)
Veteran grassroots gun rights organizer Glen Caroline is the Director of External Affairs for the Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms. With 29 years of front line experience in the Second Amendment movement, Caroline spearheads grassroots and training programs for both organizations. Glen comes to the SAF/CCRKBA after serving for years as managing director of the National Rifle Association’s Institute for Legislative Action Grassroots Programs and Campaign Field Operations division. Glen’s entire professional life has been dedicated to the cause of the Second Amendment and the preservation of Americans’ liberties.
ABOUT LEE WILLIAMS
Lee Williams is also known as “The Gun Writer,” and has been writing about the Second Amendment, firearms, the firearms industry, and the gun culture for more than 10 years.
He is the Chief Editor of the Second Amendment Foundation’s Investigative Reporting Project, and is a frequent contributor to Ammoland News and Armed American Radio. He also serves as a board member of Florida Carry, Inc.
Until recently, he was also an editor for a daily newspaper in Florida.
Before becoming a newspaper editor, Lee was an investigative reporter at newspapers in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army.
He’s earned more than a dozen national journalism awards as a reporter, and three medals of valor as a cop. Lee is an avid tactical shooter.
ABOUT MARK WALTERS (in Eastern Time):
Mark Walters is a national board member of the Citizens Committee for the Right to Keep and Bear Arms and a broadcast media spokesman for the Second Amendment Foundation.
Recipient of the 2015 Gun Rights Defender of the Year Award, Walters is a national columnist for Ammoland, and author of three books, Lessons from Armed America with Kathy Jackson: foreword by Massad Ayoob, Lessons from Unarmed America with Rob Pincus: foreword by Ted Nugent, and Grilling While Armed.
Mark is the host of two nationally syndicated talk radio programs, Armed American Radio, and Armed American Radio’s Daily Defense heard on hundreds of radio stations across the country, six days per week. In addition,
Mark has appeared on national and international radio and television on gun-related stories and is a popular podium speaker on firearms topics. Mark is a husband and father of two children and resides in Georgia with his family.
ABOUT STEPHEN WILLEFORD (In Central Time):
A native of Sutherland Springs, Texas, Stephen Willeford was raised in a family of five on a dairy farm near the First Baptist Church. He is the fourth generation to live on a few hundred acres of land in Wilson County. Stephen has always relied on his faith to guide his life, and his deep roots in Sutherland Springs are a product of his family’s commitment to their community. An avid sportsman, Stephen began shooting at a young age and honed his shooting skills by participating in shooting competitions as he grew older. He made sure his three children were trained in gun safety, passing along his expertise.
After helping stop the deadliest mass shooting in the history of Texas in November 2017, Stephen has become known across the country as the “good guy with a gun.” Stephen credits his unwavering faith and penchant for preparedness as to why he was able to step in during this critical incident, believing that each day of his life prepared him for what happened on that Sunday morning. Stephen has begun speaking publicly about his life and experiences, even delivering a lauded speech at the National Rifle Association Convention in May 2018. Because of his selfless service to his community, Stephen was also an honored guest of members of the Texas delegation at the 2018 State of the Union address in Washington, D.C.
An experienced professional plumber, Stephen earned his license from the Plumbers and Pipefitters Apprenticeship School in San Antonio and has nearly 35 years of experience in his field. In 2018, Governor Greg Abbott appointed Stephen to serve on the Texas Private Security Board. He is a member of the National Rifle Association (NRA), was an NRA-certified instructor and a former assistant scoutmaster with the Boy Scouts of America. Stephen has been married to Pam Farmer Willeford for 30 years and has three children and three grandchildren.
ABOUT TOM GRESHAM (In Central Time):
Tom Gresham is a spokesman for the 2nd Amendment Foundation. He hosts the nationally syndicated weekend radio talk show ‘Tom Gresham’s Gun Talk,’ carried on 266 stations. He also has created, hosted, and directed several television series about guns including Shooting Sports America on ESPN, and Guns and Gear on NBC Sports. An author of several books, Tom has also written thousands of magazine articles about firearms.
ABOUT ALAN GOTTLIEB (In Pacific Time/ TV only):
Alan is a strong advocate of defense. He’s a nuclear engineering graduate of the University of Tennessee, publisher of Gun Week, chairman of the Citizens Committee for the Right to Keep and Bear Arms, and Founder of the Second Amendment Foundation. He also serves on the Board of Directors of the American Conservative Union.
ABOUT DAVE WORKMAN (In Pacific Time):
Dave Workman is an award-winning career journalist and senior editor of TheGunMag.com. He also writes for Liberty Park Press, Conservative Firing Line, and several firearms periodicals. He is also the communications director for the Citizens Committee for the Right to Keep and Bear Arms.
He has authored Op-Ed pieces in several major newspapers including the Chicago Tribune, Seattle Times, and Atlanta Journal-Constitution. He has also co-authored seven books with Alan Gottlieb, founder of the Second Amendment Foundation. Workman’s beat is firearms, from politics to the outdoors. He is widely considered an authority on firearms, concealed carry, and gun politics.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
CONTACT: Celinda Hawkins of Special Guests: cemison@gmail.com or call: (432) 349-2736.
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