LiveLife
Member
I am reading the ruling - https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf
I am sure this ruling will receive detailed and comprehensive analysis by many and these are just my initial takeaways as I await analysis by others:
1. Chief justice Roberts sided for 2A/gun rights in the 6/3 decision - To me this is quite significant and positive development as turning point from Supreme Court not agreeing to hear 2A/gun rights cases in recent past and perhaps an indicator for how the Supreme Court may rule other gun rights cases currently on hold.
2. Justice Kavanaugh concurred that 2A not only applies to self defense at home for possession of arms as expressed in Heller but now applies to outside of home for self-defense to carry arms.
I am sure this ruling will receive detailed and comprehensive analysis by many and these are just my initial takeaways as I await analysis by others:
1. Chief justice Roberts sided for 2A/gun rights in the 6/3 decision - To me this is quite significant and positive development as turning point from Supreme Court not agreeing to hear 2A/gun rights cases in recent past and perhaps an indicator for how the Supreme Court may rule other gun rights cases currently on hold.
2. Justice Kavanaugh concurred that 2A not only applies to self defense at home for possession of arms as expressed in Heller but now applies to outside of home for self-defense to carry arms.
The Court has held that “individual self-defense is ‘the central component’ of the Second Amendment right.” McDonald, 561 U. S., at 767 (quoting Heller, 554 U. S., at 599). New York’s law is inconsistent with the Second Amendment right to possess and carry handguns for self-defense.
3. Justice Alito concurred and reaffirmed that 2A applied to "the people", not just militia members:
In District of Columbia v. Heller ... the Court concluded that the Second Amendment protects the right to keep a handgun in the home for self-defense. Heller found that the Amendment codified a preexisting right and that this right was regarded at the time of the Amendment’s adoption as rooted in “the natural right of resistance and self-preservation.” ... is “central to the Second Amendment right.”
... Although Heller concerned the possession of a handgun in the home, the key point that we decided was that “the people,” not just members of the “militia,” have the right to use a firearm to defend themselves. [Note "firearm" is used instead of "handgun"]
... Although Heller concerned the possession of a handgun in the home, the key point that we decided was that “the people,” not just members of the “militia,” have the right to use a firearm to defend themselves. [Note "firearm" is used instead of "handgun"]
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