New York State Rifle & Pistol Association Inc. v. Bruen
Issues
Does the Second Amendment guarantee all Americans the right to carry concealed firearms outside the home for the purpose of self-defense?
This case asks the Supreme Court to determine whether New York’s discretionary gun permit law, which requires an applicant demonstrate “proper cause” to carry a weapon for self-defense purposes, violates the Second Amendment. Robert Nash and Brandon Koch applied for a general concealed carry permit under New York law, but their applications were denied by Richard McNally for lack of proper cause. New York State Rifle & Pistol Association (“NYSRPA”) contends that at least one of its members would be eligible for a concealed carry permit but for New York’s proper cause requirement. Petitioners Nash, Koch, and NYSRPA brought a Section 1983 claim challenging the law, arguing that it violates their Second Amendment right to bear arms. Respondents McNally and Kevin Bruen—the superintendent of the New York State Police—counter that the law is a valid exercise of New York’s regulatory power. This case has important implications for the future of gun ownership and regulation, public safety, and racial discrimination.
Questions as Framed for the Court by the Parties
Whether the state of New York's denial of petitioners' applications for concealed carry licenses for self-defense violated the Second Amendment.
New York law criminalizes the possession of handguns; however, a New York citizen may apply for a license to own, and in some circumstances even publicly carry, a handgun. NY State Rifle and Pistol Ass’n, Inc. v.
Additional Resources
- Jennifer Mascia, The Supreme Court’s Next Big Gun Case, Explained, The Trace (May 18, 2021)
- Ilya Shapiro, Trevor Burrus, & Spencer Davenport, New York State Rifle & Pistol Association v. Bruen, Cato Institute (July 20, 2021)
- Katherine Fung, New York Unveils Gun Violence Memorial as SCOTUS Prepares to Take Up Second Amendment Case, Newsweek (Oct. 5, 2021)
- Ariane de Vogue & Devan Cole, Supreme Court Agrees to Take Up Major Second Amendment Case, CNN (Apr. 26, 2021)