Consequences (partial list)

Notable Items:


Petitioners: Brandon Koch and Robert Nash, New York State Rifle & Pistol Association, Inc.,
Respondent:
Venue: Supreme Court of the United States
Opinion of the Court: NYSRPA-Bruen (2022)

Issue(s) Before the Court:

Do the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home?

Petitioner's Claim(s):

Both respondents and the United States largely agree with this consensus, arguing that intermediate scrutiny is appropriate when text and history are unclear in attempting to delineate the scope of the right.
respondents instead claim that the Amendment “permits a State to condition handgun carrying in areas ‘frequented by the general public’ on a showing of a non-speculative need for armed self-defense in those areas,”

Respondent's Claim(s):

Both respondents and the United States largely agree with this consensus, arguing that intermediate scrutiny is appropriate when text and history are unclear in attempting to delineate the scope of the right.

Holding(s) and Disposition:

Held: Yes.
  • New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.
    Disposition: We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

    Material Facts:

    Procedural History:

    Rationale

    Thomas Majority Opinion (Roberts, Alito, Gorsuch, Kavanaugh, Barrett)

    Barrett Concurrance -- Two Methodological Points

    Kavanaugh Concurrance -- The Limits of the Court’s Decision (Roberts)

    Alito Concurrance -- Response to Dissent

    Breyer dissent (Sotomayor, Kagan)


    Full Recounting of Facts

    Majority Full Argument