August 7, 2022

Report: Supreme Court could step in on gun rights

The United States Supreme Court is expected to soon issue a Second Amendment opinion for the first time in a decade, according to a report by The Hill.

The expectation of the opinion comes on the heels of two mass casualty events in New York and Texas that caused progressives to ask for more gun control.

However, the majority conservative Supreme Court is believed likely to rule in the next few days over New York’s state limits on concealed carry in the state, but it’s as yet unclear whether they will validate the rules or not.

“It does seem relatively clear that the court is going to strike down New York’s law and make it harder for cities and states to restrict concealed carry of firearms,” said Adam Winkler, a professor at UCLA School of Law.

“It remains to be seen exactly how broad the Supreme Court goes, but one thing is clear: as mass shootings become more of a political issue, the court is going to take options away from lawmakers on the basis of the Second Amendment.”

The justices re believed likely to release their opinion possibly as soon as the next few days, but could as late as early July, all the while discussion is increasing about potential restrictions on the hotly contested Second Amendment.

Duke law professor Joseph Blocher, who co-directs the Duke Center for Firearms Law called the case potentially a blockbuster: “I do think that this case will, more than Heller did, tell us what forms of gun regulation are constitutional and why.”

The professor said it’s likely that the law will be struck down as unconstitutional and lawmakers may be left with few options for gun regulation in the future because of the decision.

“At least until now, the scope of gun regulation has been primarily a question for politics and we decide collectively the degree and the ways in which we want to regulate,” he said. “The Second Amendment puts some outside limits on that, but the Supreme Court has repeatedly reiterated that the Second Amendment permits various forms of gun regulation, and in the [New York] case, the court seems likely to restrict the available policy space, so we will probably have fewer options.”

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