Weekly Spotlight 1/21 – 1/27/23
SCOTUS Rejects Challenge to NY Gun Control Law Despite Concerns from Conservative Justices
Ever since the U.S. Supreme Court ruled 6-3 in favor of protecting Americans’ Second Amendment rights in the NYSRPA v. Bruen decision last June, gun control proponents in state legislatures from coast to coast have made it their mission to defy the ruling.
In New York, the state directly taken to task in Bruen for its overly restrictive law on obtaining concealed carry permits, passed a new law requiring gun permit applicants to prove “good moral character” and provide the state with access to their social media profiles and family’s contact information, among other things. This is a severe breach of New Yorkers’ right to self defense and once again ignores the reality behind rising crime by punishing law-abiding gun owners rather than thwarting criminal activity.
Last week, the highest court’s conservative justices signaled their concern over the new law’s vague and intrusive provisions, writing in a letter that said the law “presents novel and serious questions under both the First and the Second Amendments.” Unfortunately, a few short days later, the Supreme Court rejected one group of New York gun retailers’ request for a stay of enforcement, meaning that remaining challenges must first play out in lower courts. The lack of reprieve from the law’s obstruction of Second Amendment rights leaves countless law-abiding gun owners and retailers in New York in a state of limbo.
In Bruen, the Justices made it clear that New York’s law made it effectively impossible for citizens with “ordinary self-defense needs” to exercise their Second Amendment rights. With the latest law taking restrictions even further, one hopes that the other legal challenges will be granted a hearing in the highest court in the land. In fact, the Second Circuit for the U.S. Court of Appeals is slated to hear four additional cases challenging the law.
The New York case and other extreme gun control laws passed in Illinois, New Jersey, Oregon, and elsewhere make it clear that there is far more work to do in securing law-abiding Americans’ right to self-defense and gun ownership today and for future generations.
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OTHER NEWS YOU MAY HAVE MISSED
- KEVN FOX: Increase in gun sales creates a new norm
Until 2020, an average of about 13.5 million guns were sold in the United States however, this increased three years ago to 22 million. In 2021, South Dakota sold more than 90 thousand guns. Although South Dakota is considered small compared to other states by population, it was one of the top 5 for gun sales per-capita. When purchasing a gun in South Dakota state law requires you to go through a background check first.
Legislation was introduced in the House of Delegates this week which gives Virginia the opportunity to become the 26th constitutional carry state in the Union. The legislation was prefiled January 10, 2023, by Delegate Nick Freitas (R). Upon filing the legislation, Freitas noted the current legal framework in Virginia, one which allows the open carry of firearms without a permit but punishes the same permitless carry if the gun is covered (concealed) by a coat or jacket. Constitutional carry would mean a law-abiding citizen could carry a handgun for self-defense openly or concealed without a permit.
Millions of Americans face the threat of federal felony charges over guns they purchased legally thanks to a new rule released by the ATF. The agency announced plans to publish the final version of their rule reclassifying pistol braces, a popular firearm accessory, on Friday. The rule, which President Joe Biden requested as part of his efforts to unilaterally reform gun laws, would effectively ban the use of braces unless registered with the ATF. Anyone who does not comply with the rule could be subject to upwards of ten years in federal prison despite the agency previously ruling the braces were legal multiple times over the past decade.
With public safety a top priority for Maryland lawmakers, the first bill filed in the 2023 session would severely limit where people with conceal carry permits could bring their firearms…With more Marylanders being granted conceal carry permits, the Gun Safety Act would ban them from taking firearms within 100 feet of any public place. However, “public place” is a broad term in the legislation. In addition to restricting guns inside hospitals, churches, and government buildings — any retail establishments, restaurants, hotels, and movie theaters are also listed.