New York State Rifle and Pistol Association v. Bruen
09.21.21
Supporting New York’s concealed carry licensing law.
Courts: United States Supreme Court (NYSRPA v. Bruen, NYSRPA v. Corlett); Second Circuit (NYSRPA v. Beach); Northern District of New York (NYSRPA v. Beach)
Issue at Stake: Public carrying of firearms outside the home
Summary: New York State Rifle & Pistol Ass’n v. Bruen is a case brought by the NRA’s New York affiliate challenging the state’s concealed carry licensing law as a violation of the Second Amendment. Under New York’s law, an applicant for a concealed carry license must show a non-speculative need to carry a handgun in public, for self-defense or other purposes, before being issued a license to do so.
Everytown filed an amicus brief in the United States Supreme Court in defense of New York’s law. The brief rebuts key parts of the NRA’s historical arguments, showing how the NRA misreads the relevant sources. It further explains that New York’s law is consistent with a centuries-long tradition in both England and the United States of regulating the carrying of weapons in public to protect public peace, and that many historical laws were in fact more restrictive than New York’s.
Everytown previously filed an amicus brief in the underlying case, New York State Rifle & Pistol Ass’n v. Beach, in the United States District Court for the Northern District of New York. The district court rejected the Second Amendment challenge based on existing circuit precedent. The United States Court of Appeals for the Second Circuit summarily affirmed.
Decision: The Supreme Court concluded that the Second Amendment analysis should focus on constitutional text and history. Applying that analysis, the Court held that New York’s “proper cause” requirement was unconstitutional.
Other Analysis: In a report, Everytown highlighted problems with the Petitioners’ claims that prominent members of the founding generation carried guns.
Case Documents
Press Releases
Everytown to Supreme Court: NRA Affiliate’s Case Rests on Distorted Telling of History
Everytown Brief: NRA’s Historical Interpretation ‘Selective, Skewed, And Incorrect’; New York Law Constitutional Under an Originalist Approach New York –…
Everytown Law Responds After Supreme Court Says it Will Hear Appeal in Challenge to New York Gun Safety Law
New York — Everytown Law, the litigation arm of Everytown for Gun Safety Support Fund, today released the following statement after the U.S. Supreme Court…
In the SCOTUS Case Over New York’s Gun Law, New Everytown Analysis Casts Doubt on Petitioners’ Claims About Founders and Firearms
On November 3, the Supreme Court will hear oral arguments in New York State Rifle & Pistol Association v. Bruen, a case challenging the constitutionality…
In The News
Supreme Court Takes Case Seeking to Expand Concealed-Carry Rights in Public Places
Washington, D.C. – The Supreme Court agreed Monday to hear a challenge to New York’s gun licensing requirements that could expand protections for carrying concealed weapons in public,…
New York Judge’s Gun Permit Denials Trigger Big Supreme Court Case
Troy, NY (Reuters) – Justice Richard McNally Jr., a New York state trial court judge, knows he has a reputation among gun enthusiasts in the…
The Two Newest Supreme Court Justices Could Redraw the Road Map for the Second Amendment in Courts
(CNN) – The Supreme Court will hear oral arguments Wednesday in a case that could broaden gun rights nationwide and transform how the Second Amendment is interpreted…
In Battle at Supreme Court Over N.Y. Gun Law, a Surprising Split Among Conservatives
(WaPo) – When the Supreme Court first declared an individual right to gun ownership more than a decade ago, the court’s conservative majority relied on…
Justices barreling into gun rights standoff have little precedent to guide them
Washington, D.C. (CN) — Over a decade since it last waded into the issue, the conservative-majority Supreme Court is set to hear arguments Wednesday in…