The Supreme Court of the United States has ruled this Thursday by six votes in favor and three against declaring constitutional the power to carry weapons publicly and outside the home, as part of the Second Amendment.
The nuance is that until now the Constitution it safeguarded a person’s right to own firearms, albeit in the private sphere and only for self-defense.
The case is related to a New York state law that requires a permit to carry weapons concealed outside the home. Nevertheless, legislation It maintains that those who request this request must demonstrate some type of special justification, beyond the desire for protection.
the plaintiffs He contends that this requirement in the legislation made it very difficult for applicants to obtain permission, making the Second Amendment a limited privilege rather than a constitutional right.
The court has agreed with them, but has left the door open for states to place other types of limitations on carrying weapons, such as fingerprinting, background checks, or mental health medical records.
the conservative judge Brett Kavanaugh has argued that the New York law was “problematic because it grants unlimited discretion to licensing officials and authorizes licenses only to those who can demonstrate some special need other than self-defense (…) thus denying citizens the right to carry a weapon to protect himself.
In contrast, the Democratic judge Stephen Breyer has shown its refusal by listing some of the latest episodes in which armed violence has been involved, such as the massacres at the Uvalde elementary school in Texas and at a supermarket in Buffalo, New York.
In this sense, he has pointed out that “it is often necessary” for the Supreme Court to take these episodes of armed violence into consideration before making a decision that affects the Second Amendment, reports the NBC network.
«The dangers posed by firearms can take many forms. Mass shootings are only part of the problem. Easy access to firearms can also make many other aspects of American life more dangerous,” she argued.
In addition to affecting the legislation of New York, the ruling may also affect similar legislation in other states such as California, Delaware Connecticut, Hawaii, Maryland, Massachusetts and New Jerseywhich give more power to officials to deny this type of special request.
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