AP Photo/Susan Walsh, File
FILE - In this Dec. 2, 2019, file photo protesters gather outside the Supreme Court in Washington.
WASHINGTON (AP) — In a major expansion of gun rights, the Supreme Court said Thursday that Americans have a right to carry firearms in public.
The justices’ 6-3 decision follows a series of recent mass shootings and is expected to ultimately allow more people to legally carry guns on the streets of the nation’s largest cities — including New York, Los Angeles and Boston — and elsewhere. About a quarter of the U.S. population live in states expected to be affected by the ruling, the high court’s first major gun decision in more than a decade.
The ruling comes as Congress is working toward passage of gun legislation following mass shootings in Texas,New York and California.
Justice Clarence Thomas wrote for the majority that the Constitution protects “an individual’s right to carry a handgun for self-defense outside the home.”
In their decision, the justices struck down a New York law requiring people to demonstrate a particular need for carrying a gun in order to get a license to carry one in public. The justices said that requirement violates the Second Amendment right to “keep and bear arms.”
California, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island all have similar laws. The Biden administration had urged the justices to uphold New York’s law.
New York Gov. Kathy Hochul said the decision comes at a particularly painful time, when New York is still mourning the deaths of 10 people in a mass shooting at a supermarket in Buffalo. “This decision isn’t just reckless. It’s reprehensible. It’s not what New Yorkers want,” she said.
In a dissent joined by his liberal colleagues, Justice Stephen Breyer focused on the toll taken by gun violence. “Since the start of this year alone (2022), there have already been 277 reported mass shootings—an average of more than one per day,” Breyer wrote.
Backers of New York’s law had argued that striking it down would lead to more guns on the streets and higher rates of violent crime. Gun violence, which was already on the rise during the coronavirus pandemic has spiked anew.
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AP FILE
Chief Justice John Roberts
Nominated to serve as chief justice by President George W. Bush
Took seat Sept. 29, 2005
Born Jan. 27, 1955, in Buffalo, N.Y.
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Pablo Martinez Monsivais
Associate Justice Clarence Thomas
Nominated to serve as associate justice by President George H.W. Bush
Took seat Oct. 23, 1991
Born June 23, 1948, near Savannah, Georgia
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Associate Justice Samuel Alito
Nominated to serve as associate justice by President George W. Bush
Took seat Jan. 31, 2006
Born April 1, 1950, in Trenton, New Jersey
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AP FILE
Associate Justice Sonia Sotomayor
Nominated to serve as associate justice by President Barack Obama
Took seat Aug. 8, 2009
Born June 25, 1954, in Bronx, New York
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Associate Justice Elena Kagan
Nominated to serve as associate justice by President Barack Obama
Took seat Aug. 7, 2010
Born April 28, 1960, in New York City
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AP FILE
Associate Justice Neil Gorsuch
Nominated to serve as associate justice by President Donald Trump
Took seat April 10, 2017
Born Aug. 29, 1967, in Denver, Colorado
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THE NEW YORK TIMES VIA AP, POOL
Associate Justice Brett Kavanaugh
Nominated to serve as associate justice by President Donald Trump
Took seat Oct. 6, 2018
Born Feb. 12, 1965, in Washington D.C.
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Associated Pres
Associate Justice Amy Coney Barrett
Nominated to serve as associate justice by President Donald Trump
Took seat Oct. 27, 2020
Born January 28, 1972
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AP FILE
Associate Justice Ketanji Brown Jackson
Nominated to serve as associate justice by President Joe Biden
Took seat June 30, 2022
Born September 14, 1970
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This is an election year. Republicans are favored to take over the House, now narrowly controlled by Democrats, and have a solid chance of capturing the 50-50 Senate.
To reinforce their chances, Senate Minority Leader Mitch McConnell, R-Ky., knows they need to attract moderate voters like suburban women who will decide competitive races in states like Arizona, Georgia, Nevada and North Carolina.
Taking steps aimed at reducing mass shootings helps the GOP demonstrate it is responsive and reasonable — an image tarnished by former President Donald Trump and the hard-right deniers of his 2020 election defeat.
Underscoring the focus he prefers, McConnell lauded the gun agreement by pointedly telling reporters Wednesday that it takes significant steps to address “the two issues that I think it focuses on, school safety and mental health."
The bill would spend $8.6 billion on mental health programs and over $2 billion on safety and other improvements at schools, according to a cost estimate by the nonpartisan Congressional Budget Office. The analysts estimated its overall cost at around $13 billion, more than paid for by budget savings it also claims.
But it also makes the juvenile records of gun buyers aged 18 to 20 part of background checks required to buy firearms, bars guns for convicted domestic abusers not married to or living with their victims and strengthens penalties for gun trafficking. It finances violence prevention programs and helps states implement laws that help authorities temporarily take guns from people deemed risky.
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The measure lacks stronger curbs backed by Democrats like banning the assault-style rifles used in Buffalo, Uvalde and other massacres and the high-capacity ammunition magazines those shooters used.
Senate Majority Leader Chuck Schumer, D-N.Y., said Wednesday that this time, Democrats decided they would not “hold a vote on a bill with many things we would want but that had no hope of getting passed.” That's been the pattern for years.
Democratic Sens. Chris Murphy (pictured) of Connecticut and Kyrsten Sinema of Arizona, and Republican Sens. John Cornyn of Texas and Thom Tillis of North Carolina, led negotiators in talks that lasted four weeks. Their accord is Congress' most important gun violence measure since the now-expired assault weapons ban enacted in 1993.
For almost 30 years, “both parties sat in their respective corners, decided it was politically safer to do nothing than to take chances," Murphy told reporters. He said Democrats needed to show “we were willing to put on the table some things that brought us out of our comfort zone.”
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Gun rights defenders are disproportionately Republican, and the party crosses them at its own risk. Trump, possibly gearing up for a 2024 presidential run, issued a statement calling the compromise “the first step in the movement to TAKE YOUR GUNS AWAY.”
McConnell took pains to say that the measure “does not so much as touch the rights of the overwhelming majority of American gun owners who are law-abiding citizens of sound mind.”
Even so, the National Rifle Association and other pro-gun groups oppose the compromise in what will be a test of their influence.
Supporting this legislation may not doom Republicans with pro-gun voters.
McConnell and Cornyn have talked about GOP polling showing that gun owners overwhelmingly back many of the bill's provisions. And those voters are likely to be angry about sky-high gasoline prices and inflation and could vote Republican anyway.
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Around two-thirds of the Senate's 50 Republicans are expected to oppose the gun measure. But congressional approval would be a GOP win by hindering Democrats from using gun violence in their campaigns, said Republican pollster Neil Newhouse. "Taking this off the table as a potential issue for Democrats puts the focus squarely back on inflation again and the economy,” Newhouse said.
Not so, says Democratic pollster Geoffrey Garin. He said approval will let Democrats tout an accomplishment running Congress and demonstrate they can work across party lines. Democrats can still campaign against Republicans for opposing tougher measures like assault weapons curbs, issues where “Democrats clearly have the high political ground,” Garin said.
Fourteen Republicans including Sen. Lisa Murkowski of Alaska voted Tuesday to move the legislation a step toward passage. It is probably telling that she and Indiana Sen. Todd Young were the only two facing reelection this fall. Three are retiring and eight including McConnell, Cornyn and Tillis don’t run again until 2026.
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AP Photo/Michael Dwyer
Senators say they've been struck by a different mood back home.
No. 2 Senate Democratic leader Richard Durbin of Illinois said some people he's long known told him that “maybe it's time to take my kids out of this country," which he called incredible. “That they would even consider that possibility tells you how desperate families are” after the recent shootings.
“What I heard for the first time was, ‘Do something,'" Murkowski said. “And it wasn’t, ‘Ban this, do that,' it was, ‘Do something.'"
That wasn't true for everyone. Republican Sen. Steve Daines of Montana, where guns are widely popular, said of his constituents, “They want to make sure their Second Amendment rights are defended," the constitutional provision that lets people keep firearms.
About the photo: Gun control advocates protest in Christopher Columbus Park, Saturday, June 11, 2022, in Boston. Thousands of people are rallying across the country in a renewed push for gun control measures after recent deadly mass shootings.
In most of the country gun owners have little difficulty legally carrying their weapons in public. But that had been harder to do in New York and the handful of states with similar laws. New York’s law, which has been in place since 1913, says that to carry a concealed handgun in public, a person applying for a license has to show “proper cause,” a specific need to carry the weapon.
The state issues unrestricted licenses where a person can carry their gun anywhere and restricted licenses that allow a person to carry the weapon but just for specific purposes such as hunting and target shooting or to and from their place of business.
The Supreme Court last issued a major gun decision in 2010. In that decision and a ruling from 2008 the justices established a nationwide right to keep a gun at home for self-defense. The question for the court this time was about carrying one outside the home.
The challenge to the New York law was brought by the New York State Rifle & Pistol Association, which describes itself as the nation’s oldest firearms advocacy organization, and two men seeking an unrestricted ability to carry guns outside their homes.
The court’s decision is somewhat out of step with public opinion. About half of voters in the 2020 presidential election said gun laws in the U.S. should be made more strict, according to AP VoteCast, an expansive survey of the electorate. An additional third said laws should be kept as they are, while only about 1 in 10 said gun laws should be less strict.
About 8 in 10 Democratic voters said gun laws should be made more strict, VoteCast showed. Among Republican voters, roughly half said laws should be kept as they are, while the remaining half closely divided between more and less strict.
