Carrying a Gun in New York State: Five Minutes to Understand the Supreme Court’s Decision

Exit the New York State exception. This Thursday, the United States Supreme Court, the highest court, tightened gun laws in New York State, just one month after the Uvalde massacre, which left 21 people dead.

The Supreme Court has ruled in favor of the right to carry concealed weapons outside the home. The decision was made by six Conservatives to three Liberals.

Until then, and after the law was passed in 1911 and refined in 1913, it was necessary, in addition to a permit to carry a weapon, to prove “good cause” for carrying a concealed weapon outside of New York State. “The concept left to the discretion of the authorities is the whole problem,” says Didier Combeau, an expert on the United States and author of The Americans and Firearms (Belin).

What does the Supreme Court decision say?

Specifically, New Yorkers will no longer have to prove this “good reason” to carry a concealed weapon outside the home. The Supreme Court found that New York State legislation contradicted the 14th Amendment to the American Constitution, which guarantees equality between citizens, since not all American citizens had the same rights to guns.

“The Second (editor’s note: the one that allows American citizens to own guns) and the Fourteenth Amendments to the Constitution protect an individual’s right to carry a pistol for self-defense outside his home,” said conservative Justice Clarence Thomas. also congratulated when the verdict was announced.

What will change?

“Not everyone can carry a weapon in the open,” says Marie-Christine Bonzom. In fact, having a license will always be mandatory, requiring, among other things, the attainment of the age of majority. But, according to Didier Combeau, once the conditions necessary to obtain it are met, “New York State should be forced to issue permits, since it will no longer be able to make discretionary decisions.”

The Supreme Court’s ruling could also have ramifications in six other states (including California, which condemned the “disgraceful” and “dangerous” decision) that have similar legislation. “The Supreme Court decisions set a precedent,” says Didier Combeau. Legislation in other states would be considered unconstitutional. In fact, they will have no choice but to adapt.”

What reactions?

Kathy Hochul, New York’s Democratic governor, was one of the first to protest Thursday morning, condemning the “absolutely scandalous” decision. New York Mayor Eric Adams, also a Democrat, shares the same opinion. “We will continue to do everything we can to work with our federal, state and local partners to protect our city,” he said on Twitter.

It’s the same story with US President Joe Biden, who says he is “deeply disappointed.” In a statement, the US Department of Justice reaffirmed its commitment to “saving innocent lives by enforcing and protecting federal firearms laws.”

For its part, the American gun lobby, the NRA, hailed “a turning point for the virtuous men and women of America and the result of decades of struggle.”

Towards two-speed legislation?

Just hours after the Supreme Court’s decision, the Senate passed legislation restricting access to firearms. The legislation, which will be voted on by the House of Representatives this Friday, would specifically strengthen criminal and psychological background checks for people under 21 who want to buy guns.

“In fact, we have a judicial branch and another legislative branch that are not on the same page,” analyzes Marie-Christine Bonzome, who reminds that “in the end, it is the Supreme Court that interprets the laws.” Today the court consists of six conservative and three liberal justices, all of whom are appointed for life.

The situation, which makes Anna Deysin, professor and author of the book “The United States and Democracy” (L’harmattan), think that “the restrictive measures adopted or that could be adopted by the Democrats risk being one after the other, declared unconstitutional.” Thus preventing any further restrictions on the release of weapons in the United States.