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Associated Press
The Associated Press on Thursday revoked New York State law, which restricted who could get permission to carry guns in public. Under the law in force since 1913, residents of New York had to show a good reason or actual need to carry a hidden pistol in public for self-defense.
The judge stated that the law was inconsistent with the right to arm of Article 2 of the Constitutional Amendment. It elicited a swift response from Democratic Governor Kathy Hockle, who called the decision reckless and said he was ready to bring Congress back to the session to form a response.
"We don't have to have people in the subway, restaurants, or cinemas with hidden weapons," she said. "We don't need any more guns on the street."
Six other states with similar laws to Newyork need to decide on the next step. Similar to New York, California, Hawaii, Maryland, Massachusetts, New Jersey, and Rhode Island, there are Democratic-controlled legislatures that can propose measures to prevent guns from being allowed in certain locations.
The gun rights groups in these states have vowed to continue to oppose what they consider to be restrictive gun control legislation. Some of these cases could eventually be brought to the National High Court. Summary of similar laws in other states, reaction to Supreme Court decisions, and what could happen next:
California
Court rulings could have strict influence on California California's Justice Secretary and gunowners' rights groups said they would allow the law.
Attorney General Rob Bonta told law enforcement agencies in California earlier this month, "Given the similar" justified "criteria in California, this decision was made in public. It could affect California law regarding the carrying of firearms. " He said many aspects of California law may remain untouched, despite the ruling.
Almost two-thirds of California's 58 counties have hidden weapons after three judges of the 9th U.S. Circuit Court of Appeals broke the state's hidden carrying standards in 2014. Chuck said he had already relaxed the criteria for granting permits. Michelle, President of the California Rifle and Pistol Association.
Two years later, they maintained more tolerant standards after a larger Appeal Commission overturned the decision, writing a book on California's strict gun law. Said Michelle.
The problem is when a local official (usually a sheriff, but a police chief) considers who should be allowed to take hidden weapons out of the house. The standard to use. Gun advocates say that courts that overturn New York law mean that California must join 43 states that have what it considers to be "issued." They generally require the authorities to issue a permit unless there is some reason that the individual should be rejected.
Of the 58 counties in California, 37 have already granted permits if the applicant requests self-defense. It effectively makes them "must issue" counties, defenders said. The other 21 counties have stricter standards. For example, applicants need to prove that there are business-related or professional risks that justify arming.
The Supreme Court's ruling "not only confirms that the law prohibiting the carrying of public hidden guns authorized for self-defense is unconstitutional. , The court applied the wrong approach to the constitutionality of the gun control law, "Michelle said.
Michelle's organization will immediately send a legal notice in 21 counties that the standards must be relaxed in light of the Supreme Court's decision. He will also seek the Ninth Circuit Court of Appeals to award his latest legal objection to California's "just cause" standards. This decision awaits the US Supreme Court's decision in the New York proceedings.
Sam Paredes, executive director of California gun owners, said his organization swiftly sued California and forced it to adopt the standards set by the New York decision. He said he expects to sue local jurisdictions if he does not hire. High Court decision.
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Hawaii
Hawaii is one of the strictest gun controls in the country. Alan Beck, a very strict lawyer, said Hawaii basically bans guns from being brought out of the house. He said it was virtually impossible to get permission to carry the loaded guns in public. Over the last 22 years, four permits have been issued in Hawaii, Beck said. Beck represents a variety of residents who challenge Hawaii's gun law.
The Attorney General's office argued that it was not a total ban, as people could carry firearms for "just cause". The Hawaiian County Police Chief had the discretion to decide whether to issue a carry permit. The Supreme Court now states that the restrictions are too strict. Without permission to carry, people are allowed to store firearms at home and can transport them to other limited locations such as shooting ranges and repairs.
One of Beck's clients is George Young, who lives on the Big Island of Hawaii and wants to carry a gun for self-defense. Young doesn't care if it's hidden or open carry. Beck said a favorable ruling in the New York proceedings meant that Young's proceedings would win.
The National Rifle Association expects lawmakers to work to make it difficult to obtain permits, "whether exorbitant training requirements or exorbitant fees."
"We are ready to train potential hidden carry permit holders to meet the ridiculous requirements the state demands of them," Kaku said.
State Congressman Chris Lee said lawmakers have been preparing to submit a bill over the last few years to establish training for those who are allowed to carry weapons. .. The price hasn't been discussed yet, he said.
Hawaii-based Chris Marvin of Everytown for Gun Safety said lawmakers applied for a carry permit and rules to keep guns away from places such as opposition movements. He said he could consider a law to carefully scrutinize people. Polling place, state-owned land, school.
Making guns portable to almost all civilians would be a major cultural change for Hawaii, Marvin said.
"We live in what many call paradise, and they usually talk about the weather, but from a safety perspective and a violent perspective, we are in other parts of the country. I live in a place that is relatively paradise, "he said. "We're not perfect and certainly have a share of violent incidents, but it's really strange to walk on Waikiki Beach and see someone with a sidearm on their hips."
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Maryland
Under current law, Maryland gun owners are "legitimate or substantive" to carry hidden guns. Why? " gun. This may include indicating that a person's life is at risk from a threat or that he / she is working in a job that may come into contact with a dangerous person.
Maryland Attorney General Brian Frosh said the law is similar to that of New York, but takes a different approach. He said he is considering today's ruling to determine the impact on the state.
"Today's decision means more deaths and more pain in a country already full of gun violence," Frosch said in a statement. "If there is a norm that people can carry firearms, our neighborhood, our streets and other public places will be more dangerous. It will make life more difficult and more dangerous for law enforcement agencies.
"The epidemic of gun violence that is sweeping our country makes the stupidity of introducing more guns into this boiling cauldron every day.
Opponents of Maryland law have already filed a lawsuit pending in the U.S. Fourth Circuit Court of Appeals until a decision was made in the New York case. I am.
Mark Penac, president of Maryland's Charissue, a gun rights group that challenges Maryland law, said the group was "absolutely ecstatic" about the court's ruling. Stated.
"This confirms what we have always believed in: the right to self-defense extends beyond the home," he said.
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Massachusetts
Massachusetts law determines if a local police chief is suitable for someone to have a license to carry a pistol. I was empowered to do so. Police chiefs could reject applicants if they determined that the person was at risk of public security, for reasons such as the history of domestic violence. Those who are denied can appeal to the local district court.
According to the law, a person deemed appropriate may use it "or for any other reason" on himself or his property "only in sports or target practice." Please. "
It is the police chief who is considered" justified "and what the police chief requires from the applicant to meet that standard is different. Some require that in order to obtain an unlimited license, the applicant should be shown that there is a reason for fear of injury that distinguishes him from the general public.
A Massachusetts court ruled that if someone does not provide "just cause for fear of injury," the police chief can put a limit on the license that limits when someone can carry a firearm. Did.
State Attorney General Maura Healy said Thursday that the state "supports common-sense gun laws, actively defends them, and continues to enforce them."The Associated Press has not answered questions about how Massachusetts law will be affected by the ruling.
Democratic Party Congressman David Linsey, who advocated gun control, is still considering a ruling, but is deeply concerned about the potential impact on police chief's ability to use. He said he was concerned. Their discretion in issuing a gun license.
"Ultimately, gun violence will increase," he said. "People are killed, people are injured, and all of us are less secure."
A federal judge said in a 2017 lawsuit that Massachusetts law is better than New York law. He writes that "in some respects" there are few restrictions. Self-defense before an unlimited license is issued.
Democratic Party Rep. Michael Day, chairman of the Legislature's Judiciary Committee, said he had different options depending on the details of the court's decision.
"All options are in the table," he said.
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New Jersey
New Jersey gun control is one of the strictest in the United States, after former Republican Governor Chris Christie resigned in 2018. , It became even more severe. His Democrat Phil Murphy succeeded him and he signed a few new bills.
Among them were magazine size limits and danger signal laws. Obtaining a carry permit in New Jersey is widely considered difficult, and the state's "justified need" requirements are similar to New York's "justified reason" provisions that have just been abandoned by the High Court. ..
New Jersey has other provisions for obtaining a carrier permit, such as completing a safety course. There is also a category of people who are banned from owning firearms, such as those convicted of certain crimes or hospitalized for mental health problems.
On Thursday, Murphy called the Supreme Court's decision tragic.
"Based on a terribly flawed constitutional methodology, the right-wing majority of the US Supreme Court can no longer decide on their own the best way to limit the spread of firearms in the public sphere. He said he couldn't. "Make sure there are no mistakes. This dangerous decision will reduce the security of the United States."
Nevertheless, he also said that his administration was a hidden weapon. He said he believes that the state may still be able to decide who can carry and where they can be placed.
New Jersey gun advocates welcomed the ruling. New Jersey Rifle&Scott Bach, Secretary-General of the Pistol Club Association, said, "The end of decades of New Jersey using firearms outside the home to thwart people's basic right to self-defense. I will tell you. "
The Gun Rights Group has already challenged the armed rights law and magazine restrictions in New Jersey courts. These proceedings are pending.
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New York
New York state law, which has been in force since 1913, requires a license to carry a weapon in order to carry a pistol out of the house. It was necessary to demonstrate the "appropriate cause" of the sex.
The law does not define what the proper cause means and gives the local government (often the police or the judiciary of the town) discretion in deciding whether to issue a license. Gave. In fact, that meant that most applicants had to show a need beyond everyday public security concerns, such as being in a profession that puts them at a special risk.
Now that the court has ruled, lawmakers have demanded firearm training and mental health assessments, and disqualified applicants who have been convicted of certain types of criminal charges. You can add new authorization conditions.
Legislators can also pass legislation that specifies where people cannot carry hidden weapons. This includes public transport, school districts, bars, parks, government offices, polling stations, and more.
Proponents of the New York pistol limit, one of their fears is that pistols are in the hands of banned buyers by creating a market for pistols that currently rarely exist in the state. It states that the number will increase.
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Rhode Island
The Attorney General's Office has similarities between Rhode Island law and the withdrawn New York State. But two state statutory schemes for hidden carry permits.
Rhode Island has separate laws dealing with permits issued by local governments and permits issued by the Attorney General's Office. In 2018, the office filed an Amikas brief in a lawsuit upholding the constitutionality of Massachusetts' gun law, noting that the Rhode Island's hidden carry permit was upheld by the Rhode Island Supreme Court. .. The court found that the state's constitutional right to retain and hold the right to arm is an individual's right and subject to reasonable state regulation.
The Attorney General and Governor's office said they would consider the Supreme Court's ruling on the impact on the state. The Rhode Island Second Amendment Union did not immediately respond to requests for comment on whether to challenge the Rhode Island permit process.
A response from Congress will have to wait until next year, but Democrat Robert Craven said Thursday he wasn't surprised by the ruling.
"I see the court heading in that direction," he said. "Article 2 of the Constitutional Amendment has a more rigorous interpretation than absolute-that's what it says, you have the right to arm."
House Justice Commissioner Craven, a lawyer and chairman of the association, questioned whether the court would use the same thinking process in proceedings over the ban on military-style weapons.
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Associated Press writer Mike Catalini in Trenton, NJ; Jennifer Keleher in Honolulu; Jennifer McDermott in Providence, Rhode Island. Alanna Durkin Richer in Boston; Don Thompson in Sacramento, California. Marina Building Neuve in Albany, NY. Brian Witte of Annapolis, Maryland contributed to this report.
