After Supreme Court gun decision, what’s next?

Jun 23, 2022, 4:16 AM | Updated: Jun 24, 2022, 11:09 am

Sales associate Elsworth Andrews arranges guns on display at Burbank Ammo & Guns in Burbank, Calif....

Sales associate Elsworth Andrews arranges guns on display at Burbank Ammo & Guns in Burbank, Calif., Thursday, June 23, 2022. The Supreme Court has ruled that Americans have a right to carry firearms in public for self-defense, a major expansion of gun rights. The court struck down a New York gun law in a ruling expected to directly impact half a dozen other populous states. (AP Photo/Jae C. Hong)

(AP Photo/Jae C. Hong)


              Guns are displayed at SP firearms on Thursday, June 23, 2022, in Hempstead, New York. (AP Photo/Brittainy Newman)
            
              A customer checks out a hand gun that is for sale and on display at SP firearms on Thursday, June 23, 2022, in Hempstead, New York. (AP Photo/Brittainy Newman)
            
              Hand guns for sale are displayed at SP firearms on Thursday, June 23, 2022, in Hempstead, New York. (AP Photo/Brittainy Newman)
            
              Sales associate Elsworth Andrews arranges guns on display at Burbank Ammo & Guns in Burbank, Calif., Thursday, June 23, 2022. The Supreme Court has ruled that Americans have a right to carry firearms in public for self-defense, a major expansion of gun rights. The court struck down a New York gun law in a ruling expected to directly impact half a dozen other populous states. (AP Photo/Jae C. Hong)

WASHINGTON (AP) — The Supreme Court has issued its biggest gun rights ruling in more than a decade. Here are some questions and answers about what the Thursday decision does and does not do:

WHAT EXACTLY WAS THE SUPREME COURT RULING ON GUNS?

The Supreme Court said that Americans have a right to carry firearms in public for self-defense. That’s important because about half a dozen states have conditioned getting a license to carry a gun in public on the person demonstrating an actual need — sometimes called “good cause” or “proper cause” — to carry the weapon. That limits who can carry a weapon in those states.

In its decision, the Supreme Court struck down New York’s “proper cause” requirement, but other states’ laws are expected to face quick challenges. About one-quarter of the U.S. population lives in states expected to be affected by the ruling.

The last time the court issued major gun decisions was in 2008 and 2010. In those decisions the justices established a nationwide right to keep a gun for self-defense in a person’s home. The question for the court this time was just about carrying a gun outside the home.

Justice Clarence Thomas wrote in the court’s majority opinion that the right extended outside the home as well: “Nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms.”

HOW DID THE JUSTICES RULE?

The gun ruling split the court 6-3, with the court’s conservative justices in the majority and its liberals in dissent. In addition to Thomas, the majority opinion was joined by Chief Justice John Roberts and justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. The court’s three liberals who dissented are justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.

ARE NEW YORKERS NOW FREE TO CARRY A GUN IN PUBLIC?

Not exactly. The justices didn’t touch other parts of New York’s gun law, so other requirements to get a license remain. The court made it clear that the state can continue to make people apply for a license to carry a handgun, and can put limitations on who qualifies for a permit and where a weapon can be carried. In the future, however, New Yorkers will no longer be required to give a specific reason why they want to be able to carry a gun in public.

The decision also doesn’t take effect immediately and state lawmakers said Thursday that they were planning to overhaul the licensing rules this summer. They have yet to detail their plans. Some options under discussion include requiring firearms training and a clean criminal record. The state might also prohibit handguns from being carried in certain places, like near schools or on public transit.

In addition, the decision does not address the law that recently passed in New York in response to the Buffalo grocery store massacre that among things, banned anyone under age 21 from buying or possessing a semi-automatic rifle.

WHAT OTHER STATES ARE LIKELY TO BE IMPACTED?

A handful of states have laws similar to New York’s. The Biden administration has counted California, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island as all having laws similar to New York’s. Connecticut and Delaware are also sometimes mentioned as states with similar laws.

WHAT CAN STATES DO TO REGULATE GUNS AFTER THE DECISION?

Justice Brett Kavanaugh, joined by Chief Justice John Roberts, noted the limits of the decision. States can still require people to get a license to carry a gun, Kavanaugh wrote, and condition that license on “fingerprinting, a background check, a mental health records check, and training in firearms handling and in laws regarding the use of force, among other possible requirements.” Gun control groups said states could revisit and perhaps increase those requirements. States can also say those with a license to carry a gun must not do so openly but must conceal their weapon.

Justice Samuel Alito noted that the decision said “nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun.” States have long prohibited felons and the mentally ill from possessing weapons, for example. The decision also said nothing “about the kinds of weapons that people may possess,” Alito noted, so states might also try to limit the availability of specific weapons.

The justices also suggested that states can prohibit the carrying of guns altogether in certain “sensitive places.” A previous Supreme Court decision mentioned schools and government buildings as being places where guns could be off limits. Thomas said that the historical record shows legislative assemblies, polling places and courthouses could also be sensitive places. Thomas said courts can “use analogies to those historical regulations of ‘sensitive places’ to determine that modern regulations prohibiting the carry of firearms in new and analogous sensitive places are constitutionally permissible.”

HOW DO COURTS ASSESS GUN RESTRICTIONS GOING FORWARD?

The court made it harder to justify gun restrictions, although it’s hard to know what the new test the court announced will mean for any specific regulation.

Thomas wrote that the nation’s appeals courts have been applying an incorrect standard for assessing whether such laws are impermissible. Courts have generally taken a two-step approach, first looking at the constitutional text and history to see whether a regulation comes under the Second Amendment and then, if it does, looking at the government’s justification for the restriction.

“Despite the popularity of this two-step approach, it is one step too many,” Thomas wrote.

From now on, Thomas wrote, courts can uphold regulations only if the government can prove that they fall within traditionally accepted limits.

Among state and local restrictions already being challenged in federal court are bans on the sale of certain semi-automatic weapons, called assault rifles by opponents, and large-capacity ammunition magazines, as well as minimum age requirements to buy semi-automatic firearms.

WHAT OTHER BIG RULINGS ARE IN THE WORKS?

The Supreme Court heard arguments in the guns case back in November and a decision had been expected before the court begins its summer recess. The court has nine more opinions to issue before it goes on break and plans to release more Friday. Still waiting is a major abortion decision.

___

Associated Press editor David Caruso contributed to this report from New York.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Eugene and Linda Lamie, of Homerville, Ga., sit by the grave of their son U.S. Army Sgt. Gene Lamie...

Associated Press

Biden on Memorial Day lauds generations of fallen US troops who ‘dared all and gave all’

President Joe Biden lauded the sacrifice of generations of U.S. troops who died fighting for their country as he marked Memorial Day with the traditional wreath-laying ceremony at Arlington National Cemetery.

1 day ago

OpenAI's CEO Sam Altman, the founder of ChatGPT and creator of OpenAI gestures while speaking at Un...

Associated Press

ChatGPT maker downplays fears they could leave Europe over AI rules

OpenAI CEO Sam Altman on Friday downplayed worries that the ChatGPT maker could exit the European Union

2 days ago

File - Alphabet CEO Sundar Pichai, left, and OpenAI CEO Sam Altman arrive to the White House for a ...

Associated Press

Regulators take aim at AI to protect consumers and workers

As concerns grow over increasingly powerful artificial intelligence systems like ChatGPT, the nation’s financial watchdog says it’s working to ensure that companies follow the law when they’re using AI.

4 days ago

FILE - A security surveillance camera is seen near the Microsoft office building in Beijing, July 2...

Associated Press

Microsoft: State-sponsored Chinese hackers could be laying groundwork for disruption

State-backed Chinese hackers have been targeting U.S. critical infrastructure and could be laying the technical groundwork for the potential disruption of critical communications between the U.S. and Asia during future crises, Microsoft said Wednesday.

5 days ago

FILE - President Joe Biden speaks in the East Room of the White House, May 17, 2023, in Washington....

Associated Press

White House unveils new efforts to guide federal research of AI

The White House on Tuesday announced new efforts to guide federally backed research on artificial intelligence

6 days ago

FILE - The Capitol stands in Washington D.C. (AP Photo/J. Scott Applewhite, File)Credit: ASSOCIATED...

Associated Press

What it would mean for the economy if the US defaults on its debt

If the debt crisis roiling Washington were eventually to send the United States crashing into recession, America’s economy would hardly sink alone.

7 days ago

Sponsored Articles

Internet Washington...

Major Internet Upgrade and Expansion Planned This Year in Washington State

Comcast is investing $280 million this year to offer multi-gigabit Internet speeds to more than four million locations.

Compassion International...

Brock Huard and Friends Rally Around The Fight for First Campaign

Professional athletes are teaming up to prevent infant mortality and empower women at risk in communities facing severe poverty.

Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.

SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!

safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.

Comcast Ready for Business Fund...

Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.

After Supreme Court gun decision, what’s next?