Who authored the opinion
Thomas withWho authored the opinion
The New York "proper cause" requirement violates the Constitution, Thomas explains, because it only allows public-carry licenses when an applicant shows a special need for self-defense.Who authored the opinion
Most.This definition of “bear” naturally encompasses public carry. Most gun owners do not wear a holstered pistol at their hip in their bedroom or while sitting at the dinner ta- ble.
On the surface it may appear that way, but it may just mean that NYC residents can finally get a permit.So how will this work then - may not be too clear as yet
If I have a NYS permit, does that now mean I can carry across all of NYS, including NYC...............or will I now need a "seperate carry permit"
Thomas with 6 concurrences. Kav & Roberts filed another concurrence.
My first scan of the syllabus shows that the holding is relatively narrow as expected; the "proper cause" carry requirement is held to violate the 2A; this doesn't touch anything else about the licensing scheme. But importantly it does shift a considerable burden on the state to show that restrictions on carrying are supportable, and it found that a "proper cause" requirement for carrying does not meet that burden.
You have a CCW permit already. The restrictions are now unconstitutional.I wonder if existing permit holders (hunting, range, sportsman.........whatever they currently issue) will now need to reapply for a CCW permit or is this saying no need for a CCW permit
I'll defer to people smarter than me, but I'm reading it so far as to say that a CCW is stsill required but the administrative restrictions are not ok (I'm still reading through it)I wonder if existing permit holders (hunting, range, sportsman.........whatever they currently issue) will now need to reapply for a CCW permit or is this saying no need for a CCW permit
This helps tremendouslyfor future cases in the Lower courts. This could end the 10 round mag lawsLooks like Thomas also took a shot at the 2 step approach vs Hellers text history and tradition
This is not changing anything except that those who were denied for lack of proper cause can reapply and can't be denied on that basis, and proper cause cannot be demanded on applications going forward. If you have restricted you will still need to apply to remove the restriction. You don't need to start the permit application process over you can ask the judge to remove it from your existing permit if you have a restricted permit.I wonder if existing permit holders (hunting, range, sportsman.........whatever they currently issue) will now need to reapply for a CCW permit or is this saying no need for a CCW permit
Happy Birthday, Justice Thomas.Thomas