Royal Alexander: 2nd Amendment, gun rights set to return to Supreme Court

Royal Alexander: 2nd Amendment, gun rights set to return to Supreme Court

Special to The Times The U.S. Supreme Court appears poised to strengthen and expand 2nd Amendment rights after a decade of no action on the issue. The Court has several current opportunities to further address the scope of its Heller decision that generally pose one legal question: How far may states go in restricting the individual right to carry guns outside a home? These various legal challenges have worked their way up to the Supreme Court and now require at least four members of the court to vote to grant the application to hear the cases. These challenges include the New York law as well as multiple other cases nationally presenting distinct legal issues. The Supreme Court has not directly addressed the issue of gun rights since its landmark rulings in 2008 and 2010. The 2008 Heller decision held that the right to keep and bear arms was both a collective (military and law enforcement) right as well as an individual right. The 2010 McDonald decision simply held that the due process clause of the 14th Amendment extended to the states and municipalities the 2nd Amendment’s right to keep and bear arms. Several months ago, the court considered a different prohibition by New York City that kept gun owners from transporting firearms to ranges or second homes outside of the city but then decided not to hear the case after New York City officials repealed that prohibition, rendering that case moot. During its 10-year break, the court’s inactivity allowed […]

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