The Supreme Court Strikes Down a New York State Gun Law: What Does This Mean?

The United States Supreme Court recently ruled that Americans have a protected right to carry guns for personal protection in public. This ruling effectively canceled the New York law limiting the ability to carry guns beyond the home setting.

The gun law, which has been around for more than a century, requires individuals that have applied for a license to carry a concealed gun outside their home to demonstrate “probable cause”, or a specific need, for a weapon. According to the Supreme Court, this requirement amounts to a rights violation.

In a 6-3 decision, the justices found that the New York law contravened the Second Amendment right to “keep and bear” arms. Explaining the majority ruling, Justice Clarence Thomas stated that the Second Amendment protects “an individual’s right to carry a handgun for self-defense outside the home.”

This ruling is expected to have a massive ripple effect in New York and across the country. So, what changes might we expect?

It Will Be Easier to Carry Concealed Guns in Public

The Supreme Court ruling struck down the requirement to demonstrate “probable cause” to carry a concealed gun in public. Therefore, it will be significantly easier for New Yorkers to carry guns outside their homes.

Several other states, such as Boston and Los Angeles, have similar laws on using weapons in public. Residents of these cities will also be more free to carry guns in public.

Crime Rates May Spark Across the Country

Although the court majority saw the ruling as a protection of the Second Amendment rights, there may be an upsurge in crime as a result. The affected states are currently projecting an increase in incidences of gun violence-related crimes.

President Joe Biden publicly stated that the ruling “contradicts both common sense and the Constitution, and should deeply trouble us all.” He suggested that we may see an increase in horrific attacks such as the Uvalde and Buffalo shootings.

Citing the risk of increased gun violence, Biden urged individual states to pass “commonsense” gun laws “to make their citizens and communities safer from gun violence”.

Past Cases Will Be Affected

This ruling is also expected to affect past gun violence cases adversely. Anticipating the Supreme Court ruling and its effects, Manhattan District Attorney Alvin Bragg has warned prosecutors of the imminent increase of motions by defense attorneys seeking to have gun possession convictions and indictments dropped.

However, Bragg stressed that “New York still has some of the toughest gun laws in the country on the books, and we will continue to use these statutes to hold accountable those who commit gun violence.” Thus, there may still be legal grounds to hold past cases. In these cases, one may consider hiring the best criminal lawyer in NYC to have the best chance of having their convictions dropped.

Bragg also stated that his office “...is analyzing this ruling and crafting gun safety legislation that will take the strongest steps possible to mitigate the damage done today." Therefore, we might expect state-specific gun regulation changes in the near future.

What Protections Do You Still Have as a New Yorker?

Several gun laws have been passed in New York in anticipation of the Supreme Court Ruling. Specifically, governor Kathy Hochul recently signed a package of 10 bills into law.

Among these new laws is the ban of anyone below 21 from owning or purchasing semi-automatic rifles. Laws specifying where people cannot carry guns are also expected. Legislators may ban the ability to carry guns in high-risk areas, such as parks, school zones, public transit systems, and government offices.