[Asia Economy New York=Special Correspondent Joselgina] On the 23rd (local time), the U.S. Supreme Court ruled that New York State's law restricting the carrying of handguns in public places is unconstitutional. Amid rising calls for gun control following a series of recent shootings in the U.S., the Supreme Court instead issued a ruling supporting the carrying of firearms.
According to local media such as The New York Times (NYT), the Supreme Court ruled 6-3 that New York State's law, which strictly limited gun possession outside the home, violated the Second Amendment. NYT reported that this is the first ruling on how the right to carry firearms in public places applies. It also overturned lower court rulings that had upheld the constitutionality of New York’s state law.
In the ruling, the Supreme Court stated that New York’s 1913 law prevented individuals who need ordinary self-defense from exercising their right to carry weapons. Justice Clarence Thomas argued that "the Second and Fourteenth Amendments protect the right to carry a handgun for self-defense outside the home," declaring New York’s law unconstitutional.
Among the nine justices, the three progressive justices all voted against the decision. Justice Stephen Breyer, in a dissenting opinion, criticized the Supreme Court for expanding gun rights without addressing the severity of gun violence, warning that this ruling could undermine the ability to respond to gun violence. According to Justice Breyer, 45,222 Americans died from firearms in 2020. Since the beginning of this year, there have been 277 reported mass shootings (defined as incidents with at least four deaths or injuries), averaging more than one per day.
This ruling has drawn particular attention as it comes amid growing calls for gun control following shootings that killed dozens of people at a supermarket in Buffalo, New York, and an elementary school in Uvalde, Texas, last month. The Washington Post described it as "the most dangerous gun ruling in history at the worst time." It is also seen as reflecting the long-standing division over guns in the U.S.
Local media expect this ruling to have widespread effects on cities that sought to reduce gun crimes by restricting handgun carrying in public places. Similar laws exist not only in New York but also in Washington D.C., California, Hawaii, Maryland, Massachusetts, New Jersey, and at least six other states. Three states, including Connecticut, grant officials discretion regarding gun possession in public places.
The ruling also conflicts with legislative efforts for gun control. About two hours after the Supreme Court’s decision was announced, the U.S. Senate voted 65 to 35 to end debate on a gun control bill, effectively overcoming a filibuster. The bipartisan gun control bill now awaits a final vote in the Senate, with passage considered almost certain. The ruling Democratic Party plans to pass the bill before the Senate recesses ahead of Independence Day on July 4.
The previously released 80-page regulatory proposal focuses on allowing background checks for 18- to 21-year-olds seeking to purchase firearms by providing juvenile criminal records, and requiring authorities to review the mental health status of gun buyers under 21 for at least ten days. It also expands background check requirements to more gun sellers, strengthens penalties for gun trafficking, and includes funding for school security and psychological counseling. Additionally, it offers incentives to states that implement ‘red flag’ laws prohibiting gun possession by dangerous individuals.
President Joe Biden expressed "deep disappointment" regarding the Supreme Court’s decision, stating that "this ruling goes against both common sense and the Constitution." He also urged states to enact and enforce gun control laws. The Department of Justice issued a statement expressing disagreement with the court’s decision. NYT reported in another article that families of the Buffalo shooting victims expressed anger, calling the ruling "nonsense" after the Supreme Court’s decision became known.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
