Episode 50

Oral Argument: New York State Rifle & Pistol Assn. v. Bruen | Case No. 20-843 | Date Argued: 11/3/2021 | Date Decided: 6/23/2022

New York State Rifle & Pistol Assn. v. Bruen | Case No. 20-843 | Date Argued: 11/3/2021 | Date Decided: 6/23/2022

Background: New York prohibits its ordinary law-abiding citizens from carrying a handgun outside the home without a license, and it denies licenses to every citizen who fails to convince the state that he or she has "proper cause" to carry a firearm. In District of Columbia v. Heller, this Court held that the Second Amendment protects "the individual right to possess and carry weapons in case of confrontation," 554 U.S. 570, 592 (2008), and in McDonald v. City of Chicago, the Court held that this right "is fully applicable to the States," 561 U.S. 742, 750 (2010).

Question Presented: Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.

Holding: New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.

Result: Judgment REVERSED and case REMANDED.

Voting Breakdown: 6-1. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh and Barrett joined. Justice Alito filed a concurring opinion. Justice Kavanaugh filed a concurring opinion, in which Chief Justice Roberts joined. Justice Barrett filed a concurring opinion. Justice Breyer filed a dissenting opinion, in which Sotomayor and Kagan

Link to Opinion: Here.

Oral Advocates:

For Petitioners: Paul D. Clement, Washington, D.C. For Respondents: Barbara D. Underwood, Solicitor General, New York, N.Y.; and Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)

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U.S. Supreme Court oral arguments and opinions