Skip to content Skip to footer

Supreme Court Upends New York Gun Law, Making It Easier to Publicly Carry Guns

In his dissent, Justice Stephen Breyer said the Court “burdens States’ efforts” to adequately address gun violence.

A second amendment protester stands in the rotunda of the State Capitol holding a semi-automatic rifle on January 31, 2020, in Frankfort, Kentucky.

The U.S. Supreme Court has ruled against a New York state law that placed restrictions on residents seeking to obtain a concealed carry permit to carry a gun in public.

The law, which has been on the books for more than 100 years, required residents seeking concealed carry permits to provide a reason why they needed to carry a gun while they were in public. The Supreme Court, which ruled 6-3 against the statute along partisan lines, claimed that the restrictions were too burdensome and not in compliance with the Second Amendment.

“Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution,” Justice Clarence Thomas wrote in the majority opinion, adding that governments “may not simply posit that the regulation promotes an important interest” when it comes to regulating guns.

Outgoing Justice Stephen Breyer, in his dissent for the liberal minority bloc of the Court, noted that conservative members on the bench were dismissive of the need for tighter restrictions on guns. He began his dissent by listing statistics relating to gun violence, including the fact that over 45,000 Americans were killed by firearms in 2020, and that there have been 277 mass shootings recorded in this year alone.

“Many States have tried to address some of the dangers of gun violence just described by passing laws that limit, in various ways, who may purchase, carry, or use firearms of different kinds. The Court today severely burdens States’ efforts to do so,” Breyer wrote.

Legal experts believe that the ruling will go beyond changing the New York statute, and will also cause lower courts in other jurisdictions to reconsider their framework for analyzing gun laws.

“We’re in for a whole new slew of litigation challenging any and every gun-control measure in light of the analysis in today’s ruling,” CNN Supreme Court analyst Steve Vladeck said.

The ruling comes amid a surge of mass shootings in the U.S. over the past several weeks, including the massacre of 19 children and two teachers at an elementary school in Uvalde, Texas, in late May. As the Senate passed a procedural vote on legislation intended to address gun violence on Thursday, President Joe Biden expressed dismay at the Supreme Court’s action, saying that he was “deeply disappointed” and that the decision “contradicts both common sense and the Constitution.”

Help us Prepare for Trump’s Day One

Trump is busy getting ready for Day One of his presidency – but so is Truthout.

Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.

Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.

As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.

And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.

In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.

We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.

We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $104,000 in one-time donations and to add 1340 new monthly donors by midnight on December 31.

Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.

If you have the means to make a substantial gift, please dig deep during this critical time!

With gratitude and resolve,

Maya, Negin, Saima, and Ziggy