Supreme Court takes up first Second Amendment dispute in almost 10 years


WASHINGTON, D.C., (CBS) — The Supreme Court on Monday will for the first time in nearly a decade wade into the debate over gun rights, as it hears oral arguments in a dispute over a New York City rule restricting the transportation of licensed handguns.

Brought by three firearms owners who live in New York City and the New York State Rifle and Pistol Association, the case centers around a regulation that barred firearms owners from transporting their handguns to homes or shooting ranges outside city limits. 

Since the case was filed, the regulation has been changed, but under the previous rule, gun owners with “premises” licenses were allowed only to transport their unloaded and locked handguns to seven shooting ranges in New York City.

Gun rights advocates and the Trump administration argue the prior restriction violates the Second Amendment and say the right to keep and bear arms includes the right to transport guns outside of the home.

But city officials are urging the Supreme Court, now with a 5-4 conservative majority, to throw out the case altogether because they amended the measure at the heart of the challenge in July. Now, handgun owners can take their licensed firearms to shooting ranges and second homes beyond city boundaries.

The three gun owners and the New York State Rifle and Pistol Association, the New York affiliate of the National Rifle Association, first challenged New York City’s handgun rule in 2013. The 2nd U.S. Circuit Court of Appeals, however, ruled in 2018 that the regulation did not violate the Second Amendment.

In January, the high court announced it would take up the dispute, marking the first time since 2010 the justices would hear a case involving gun rights. In July, New York City officials asked the Supreme Court to drop the dispute since the rules had been changed. 

The court in October rebuffed the city’s request to toss out the suit and instead said it would hear arguments on whether it should do so, as well as whether the restriction was unconstitutional.

The dispute is one of several blockbuster cases the Supreme Court will hear this term touching on hot-button issues including immigration and abortion. A decision from the justices is expected by the end of June.

First published on December 2, 2019 / 9:53 AM

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