In a dissent joined by the other liberals, Justice Stephen Breyer noted the recent spate of gun violence, listing several shootings including the massacre at the Buffalo grocery store earlier this year. Thursday’s ruling “severely burdens States’ efforts” to curb gun violence, Breyer wrote.
“The primary difference between the Court’s view and mine is that I believe the Amendment allows States to take account of the serious problems posed by gun violence that I have just described,” Breyer wrote. “I fear that the Court’s interpretation ignores these significant dangers and leaves States without the ability to address them.”
Justice Samuel Alito pushed back in his concurrence:
“And how does the dissent account for the fact that one of the mass shootings near the top of its list took place in Buffalo? The New York law at issue in this case obviously did not stop that perpetrator.”
Justice Clarence Thomas wrote: “Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s unqualified command.”
Conservative justices also dismissed concerns that defenders of New York’s gun law raised about how the law restricted the carrying of firearms into sensitive places.
“It is true that people sometimes congregate in ‘sensitive places,’ and it is likewise true that law enforcement professionals are usually presumptively available in those locations. But expanding the category of “sensitive places” simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places’ far too broadly,” Thomas wrote.
“The primary difference between the Court’s view and mine is that I believe the Amendment allows States to take account of the serious problems posed by gun violence that I have just described,” Breyer wrote. “I fear that the Court’s interpretation ignores these significant dangers and leaves States without the ability to address them.”
Justice Samuel Alito pushed back in his concurrence:
“And how does the dissent account for the fact that one of the mass shootings near the top of its list took place in Buffalo? The New York law at issue in this case obviously did not stop that perpetrator.”
Justice Clarence Thomas wrote: “Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s unqualified command.”
Conservative justices also dismissed concerns that defenders of New York’s gun law raised about how the law restricted the carrying of firearms into sensitive places.
“It is true that people sometimes congregate in ‘sensitive places,’ and it is likewise true that law enforcement professionals are usually presumptively available in those locations. But expanding the category of “sensitive places” simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places’ far too broadly,” Thomas wrote.
Live updates: Supreme Court strikes down New York's handgun law
The Supreme Court on Thursday struck down a New York gun law that places restrictions on carrying a concealed gun outside the home. Follow here for live news updates, reactions and analysis.
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