The Patriot Post® · SCOTUS Finally Takes a Critical Gun Case
It has been over a decade since the U.S. Supreme Court has taken a Second Amendment case, which has been far too long. That reality was highlighted by Justice Clarence Thomas in 2018 when he chided his fellow justices for failing to take up a gun-rights case, stating, “The right to keep and bear arms is apparently this Court’s constitutional orphan.” Furthermore, it wasn’t as if there was a dearth of Second Amendment cases demanding the Court’s attention, especially given the efforts of cities, states, and lower courts to erode the Court’s own precedents in Heller and McDonald.
Finally, however, the drought will soon be over, as the Court has agreed to hear New York Rifle & Pistol Association v. Corlett, a case that promises to be a landmark one for Americans’ constitutional right to self-defense.
At issue is whether a state or locality can require an individual to present “proper cause” in order to obtain a permit to carry a firearm outside of their home. The Wall Street Journal editorial board notes, “New York bans openly carrying a handgun. Concealed carrying is allowed with a license, but to get one the general public must show ‘proper cause.’ That means some ‘special need for self-protection,’ and living or working in a high-crime area doesn’t count.” As the petitioners in the case argue, “The state makes it virtually impossible for the ordinary law-abiding citizen to obtain a license.”
Among those welcoming the news was Alan Gottlieb, founder and executive president of the Second Amendment Foundation. “The entire gun rights community has waited for many years for this news,” he said. “A right that exists only in one’s home is not a right at all. We do not limit the right of free speech, or freedom of the press, or the practice of one’s religion, or the right to legal counsel just to someone’s residence. And ultimately, that’s what we’re talking about, constitutionally-protected fundamental rights.” Indeed.
Judging by the Court’s current makeup, gun advocates are confident in a ruling in support of Americans’ Second Amendment rights. Even if the wild card, Chief Justice John Roberts, were to side with the leftist minority, the ruling would still likely end up 5-4 in support of the Second Amendment as written.
Certainly, with states like California and leftist judges working to severely limit if not entirely gut the Second Amendment, it’s high time SCOTUS weighs in to set the matter right. Just one example is the Ninth Circuit Court of Appeals ruling five years ago in which its robed despots declared, “There is no Second Amendment right for members of the general public to carry concealed firearms in public.” On the contrary, the Second Amendment contains these key words: “and bear.” The Founders clearly didn’t mean to restrict that to “inside your own home.”
The fact of the matter is, without the Second Amendment, there would be no First Amendment. The Second Amendment is America’s first civil right by which all other amendments are secured. That’s exactly why the Left has worked so hard to erode and nullify it.