UPDATE: Supreme Court: The Government Cannot Require That Citizens Prove The Need For Self-Protection In Order To Carry A Gun Outside Their Home by John Whitehead of The Washington Standard.
WASHINGTON, D.C. — By a 6-3 decision in N.Y. State Rifle & Pistol Assn. v. Bruen, the U.S. Supreme Court struck down a New York law which allowed government officials to pick and choose which class of citizens were deemed worthy of self-protection.
Affirming that the Second Amendment “right to bear arms in public for self-defense is not a second-class right,” the Court ruled that individuals do not have to demonstrate some special need to the government for approval before exercising any other constitutional rights. In an amicus brief, The Rutherford Institute argued that the fundamental rights enshrined in the Constitution must be available to all law-abiding citizens and not parceled out at the whim of government bureaucrats.
Affiliate attorneys Michael J. Lockerby, Eli L. Evans, W. Bradley Russell, Jr., A.J. Salomone, and John Sepehri of Foley & Lardner LLP assisted in advancing the arguments in N.Y. State Rifle & Pistol Assn.
“When considered in the context of prohibitions against the government, the Second Amendment reads as a clear rebuke against any attempt to restrict the citizenry’s gun ownership. As such, it is as necessary an ingredient for maintaining that tenuous balance between the citizenry and their republic as any of the other amendments in the Bill of Rights, especially the right to freedom of speech, assembly, press, petition, security, and due process,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “In this way, the freedoms enshrined in the Bill of Rights in their entirety stand as a bulwark against a police state.”
The Concealed Coalition reports that,
New York is one of America’s most densely populated states, with over 19 million people, yet only 1% of them are licensed to concealed carry (CC). This equates to around 196,000 licenses issued as of August 2021.
[ … ]
NY has a stricter stance on dispensing licenses than other states. It’s a “may issue” state, which means there’s no guarantee that applicants will receive a CC license even if they meet all the necessary criteria. It’s up to local law enforcement or the courts to apply their discretion to every request.
Applicants must prove that there’s proper cause for them to CC, defined under NY state law as: “a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.”
According to Sandy Hook Promise,
Guns used in about 68% of gun-related incidents at schools were taken from the home, a friend or a relative.
93% of school shooters planned the attack in advance.
The Violence Protection Center reports that people have been killed by 37 mass shooters who had a concealed carry permit from May 2007 and May 2022, citing media reports. As of 2021 there have been 21.52 million concealed weapon permits issued in the United States. The likelihood of a concealed carry permit holder carrying out a mass shooting is .00000017209.
A reader sent us an article from BillWittle.com stating:
Starting in September , New York conceal-carry permit applicants must surrender their social media accounts to the state.
If hindsight reviews of Facebook or TikTok lets us see what a crazed mass-shooter said before his atrocity, will the state be able to intercept these killers in advance?
The Bottom Line
What New York is doing is create a law that allows them to either deny or revoke a person’s concealed carry permit if that person doesn’t agree with them politically.
Some examples of issues you might be putting on your social media that could get your concealed carry permit cancelled or revoked:
- You’re a Republican or worse a supporter of Donald J. Trump.
- Pro-Second Amendment.
- Posts that calls the J6 Committee a “show trial.”
- Posts that label those harass Supreme Court Justices as criminals for violating 18 U.S. Code § 1503. And because they are violating the law that they should be investigated, arrested and tried by a jury of their peers.
- Disagree with New York City or State policies on any number of topics.
- Disagree with getting the Covid-19 vaccines.
- Disagree that Islam is the religion of peace.
- Disagree with some of the policies of the Build Back Better agenda.
- Won’t buy an all electric car because your love your vintage Ford mustang or Chevrolet Corvette.
- Read and share articles from the DrRichSwier.com eMagazine.
This is just another way to put law abiding citizens into harms way by not allowing them to carry their weapons, i.e. disarming them. We have contributors and members of our staff who have concealed carry permits. On person was notified by the FBI that they are on an international ISIS hit list. To disarm this person is a travesty. Luckily this person lives in a state where concealed carry and even open carry are codified is state laws.
We can’t help but wonder if New York will now look at all those individuals providing private security and have concealed carry permits. You know those who protect wealthy individuals, actors and actresses, politician and companies.
One example is Democrat Representative Alexandria Ocasio-Cortez paid thousands for personal security to a former Blackwater contractor. Will AOC’s security detail have to turn over their social media accounts to the state?
Time will tell.
To learn about your states concealed carry laws and how many fellow gun owners are in you state click here.
©Dr. Rich Swier. All rights reserved.