By Ben Baker
Supreme Court Justice Clarence Thomas has long complained the Second Amendment is an orphan when it comes to the High Court.
Now, the top court in the US is set to hear a Second Amendment case coming from New York, a place known for harsh restrictions on gun ownership. This case questions New York’s carry permit law. The case is New York State Rifle & Pistol Association (NYSRPA) v. Corlett.
The case being heard Nov. 3 is similar to, but not the same, as New York. In that case, the City of New work buckled and changed its law, rendering the lawsuit moot.
New York is one of eight states with a "may issue" law, meaning the authorities in those states can deny a carry permit for any reason. Currently, 16 states allow open carry without a permit. The rest of the states have some sort of permitting process in place.
With a 6-3 majority of conservatives on the Supreme Court, the Left is in a panic. Gun rights is one of the top issues that has the Left in a rabid frenzy.
In hopes of further restricting your rights and stopping the current march to freedom, those on the Left are proposing all kinds of things. Most recently, a commission studied the idea of expanding the Court past the current 9 justices, set term limits and etc.
The bipartisan report is not what the Left wanted to hear. "Court expansion is likely to undermine, rather than enhance, the Supreme Court's legitimacy and its role in the constitutional system, and there are significant reasons to be skeptical that expansion would serve democratic values," says the preliminary report.
The Constitution does not say how many members should be on the Supreme Court. The Constitution also does not put term limits on the Court's judges.
Attacks on the Second Amendment are nothing new. In his book, The Truth Behind Gun Control, Ben Baker goes over the history of 2A and the legislative and legal attacks it has endured almost since it was passed.
The Left does not care about the facts, as evidenced by an op-ed from Erwin Chemerinsky, dean of the University of California Berkeley School of Law. He says, "From 1791, when the 2nd Amendment was ratified, until 2008, not one federal, state or local gun regulation was struck down." Again, never mind the facts, which show plenty of times when courts ruled against the government.
A list of cases just before the Supreme Court proves Dean Chemerinsky flat wrong. Not that he or gun grabbers care.
The National Rifle Association has a discussion on the current case before the High Court and covers even more of the real history of 2A and the challenges to it.
Not long ago, gun rights supporters scored a significant win when David Chipman was withdrawn at President Biden's man to lead the BATF. This was a political victory. While Biden blames Republicans, the truth is several Democrats also opposed the nomination. The Left, again, chooses to ignore that.
Two other victories for gun owners are now more than a decade old. The Heller decision and the McDonald decision both said Americans have the right to a firearm for self-defense.
The New York State case is now set to decide if regular Americans can both own a gun and have the right to carry it. Your right to be able to defend yourself should not even be an issue.
The gun grabbers, who are also in a panic over other cases headed to the Supreme Court this term, loudly say Stare Decisis!". That is Latin that means precedent or it is already decided. The gun grabbers' point is the High Court has already ruled on some things and it does not need to have another case for another ruling. Of course, this only applies to the things they support. Anything they oppose must be brought back to the Court for a fresh hearing because the old ruling is now irrelevant.
They believe applying this same standard to them is wrong.
Where guns are concerned, the Constitution is clear. You have the right to own a gun. The Supreme Court has also ruled you have the right to have a gun to defend yourself.
Now, the Court is set to decide if you can carry that gun to protect yourself outside your home. We certainly hope the Justices make the right decision this time and it truly will be stare decisis.