US Supreme Court Affirms Right to Carry Arms in Public for Self-Defense
Basing its decision on detailed textual and historical analysis of the US Bill of Rights’ Second Amendment, the Supreme Court of the United States has ruled that the US Constitution explicitly protects “an individual’s right to carry a handgun for self-defense outside the home.”
The court says the “normal and ordinary” meaning of the Second Amendment’s operative clause—“the right of the people to keep and bear Arms shall not be infringed”—guarantees the individual right to possess and carry weapons in case of confrontation whether inside or outside the home.
The justices’ June 23, 2022 decision strikes down a New York state law that required gun owners to demonstrate a particular personal need before they could possibly qualify for a license allowing them to carry firearms in public.
It is now the third ruling, after the cases of Heller and McDonald, in which the high court is directly instructing lower courts that “individual self-defense is ‘the central component’ of the Second Amendment right.”
In his concurring statement, Justice Samuel Alito says, “Today, unfortunately, many Americans have good reason to fear that they will be victimized if they are unable to protect themselves. And today, no less than in 1791, the Second Amendment guarantees their right to do so.”
The Court’s ruling means that, while states may require carry permits, they must issue them to ordinary law-abiding, mentally-sound people. Ordinary people must be able to carry a personal firearm in ordinary places where people congregate. And licensing cannot be excessively delayed or expensive.
For a detailed explanation of the ruling’s legal language, see the video by attorney Andrew Branca on Law of Self Defense. Also read The Scramble on American Handgunner and Supreme Court Upholds Gun Rights Outside of the Home, Let’s Break It Down on Ammoland.
