Law & Disorder: Gun control returns to the Supreme Court

Law & Disorder: Gun control returns to the Supreme Court

(Alyssa Shao | Daily Trojan) After over a decade of staying silent in the Supreme Court, the gun control debate has returned. The 2008 landmark case District of Columbia v. Heller was the last time the Supreme Court specified the Second Amendment’s meaning. In a 5-4 decision, the court ruled in favor of a broader definition for the Second Amendment, which “guarantees an individual right to possess and carry weapons in case of confrontation.” As stated by Time Magazine , the case “changed a nearly 70-year precedent set by [United States v. Miller] in 1939.” The decision followed the collective rights theory, which refers to the Second Amendment as a state’s right to defend itself rather than an individual right. While the case broadened gun ownership rights, it still left room for state gun regulations. However, with the issue back and in the hands of a more conservative court, we should be concerned. On Nov. 3 in New York State Rifle & Pistol Association Inc. v. Bruen , the New York State Rifle & Pistol Association Inc. argued the constitutionality of New York’s concealed firearm law, which requires “proper cause” for self-protection to obtain a concealed firearm license. The NYSRPA and other right-to-carry law proponents argue that the New York legislature infringes on their Second Amendment right. Because of the Constitution’s majestic generality and the document’s ingrained gun ownership statutes, the law’s constitutionality has no right answer. But, when we look at our stakes, the right answer exists: prioritizing […]

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