One more slap in the face for gun control advocates in the United States. The highest American court invalidated, Thursday, June 23, a law of the State of New York on the carrying of weapons, thus consecrating for the first time the right of Americans to leave their homes armed.
This Supreme Court decision, voted by a majority of six judges (all conservatives) against three, comes as the country is still reeling from a series of deadly shootings, one of which, on May 24, left 21 died at an elementary school in Uvalde, Texas. What did the legislation struck down by America’s highest court say? What is the scope of this decision? What are the political reactions? Franceinfo takes stock.
What did the law struck down by the Supreme Court say?
The law that came into force in 1913 in the State of New York imposed strict limits on the carrying of weapons outside the home, subject to obtaining a licence. The legislation limited the issuance of permits to those able to prove that they needed them for self-defense, either because of their occupation or because of threats against them.
In other words, citizens of the State of New York had to demonstrate a “real cause“* to obtain their license and be able to carry a handgun (pistol or revolver) outdoors, in a concealed manner. The text had been challenged in court by two gun owners in upstate New York, who had been refused permits, and by a subsidiary of the NRA, the powerful pro-gun lobby in the United States, which campaigns for a literal reading of the second amendment of the American Constitution (which guarantees to every American citizen the right to possess and bear arms).
What is the scope of this decision?
By striking down this law, the Court reaffirmed for the first time the power of the US Constitution to protect the right of every individual to carry a weapon in self-defense outside the home. In the past, it had only ruled, in case law established in 2008 and 2010, on the constitutional right to carry a weapon at home.
Five states, including California and Maryland, as well as the city of Washington, the federal capital of the country, have laws comparable to those of New York. This Supreme Court judgment could allow opponents to have this law repealed, within a more or less significant time, thus strengthening the right to bear arms for nearly 80 million people, or a quarter of the American population.
This does not mean, however, that no regulation of the carrying of weapons in public will be possible in the United States. In the decision of the Supreme Court*, Judge Brett Kavanaugh specifies in these terms that the judgment “does not prohibit states from imposing licensing restrictions”. The judgment rendered by the Court nevertheless complicates the entry into force of these regulations, requiring them to be “consistent” with the historical tradition of the country in terms of firearms regulations. Concretely, this means that the judges will have to check, when they evaluate a text, if a similar law has already been put in place in the past in the country. They will not be able to justify it by any other means.
What are the political reactions?
US President Joe Biden said to himself “deeply disappointed” by the decision of the Supreme Court which is, according to him, “contrary to common sense and the Constitution”. “I call on Americans across the country to raise their voices on gun safety”implored the leader in a statement *.
New York Governor Kathy Hochul, for her part, deplored a “gloomy day”. He is “outrageous, absolutely outrageous that they took away our rights to enjoy sensible restrictions” on firearms, she said. New York Mayor Eric Adams expressed on Twitter his fears of seeing a surge “a wave of gun violence” in his city.
California Governor Gavin Newsom also called the decision a “ashamed” and “dangerous”saying the stop risked “to encourage a radical ideological program” while restricting “the rights of States to protect their citizens [du risque] to be shot in the street, at school, in church”. The elected Democrat has already announced in a press release * his desire to toughen his state’s legislation against firearms, by signing “next week 16 new safety laws, one of which will allow citizens to file complaints against manufacturers and sellers of firearms”.
A dark day in America.
This is a dangerous decision from a court hell bent on pushing a radical ideological agenda and infringing on the rights of states to protect our citizens from being gunned down in our streets, schools, and churches.
Shameful.
— Gavin Newsom (@GavinNewsom) June 23, 2022
And he is not the only one to react in this sense. While waiting for the Supreme Court’s decision to officially come into effect, after validation by a federal court, the New York police chief has already warned that her officers will continue to arrest people carrying a weapon without a license. Manhattan District Attorney Alvin Bragg recalled that New York still has some of the toughest laws in the country: “We will continue to use them to hold accountable anyone who commits gun violence.”
In parallel with this landmark Supreme Court ruling, the US Senate on Thursday passed a bill supported by elected Democrats but also Republicans, including restrictions on access to firearms and billions of dollars to fund mental health and safety in schools. The project, which is in response to recent shootings in the country, has every chance of being validated by the House of Representatives on Friday.
* These links refer to pages in English