The justices heard oral arguments in a New York case on Wednesday that could have broad implications for gun control in the US.
The justices on Wednesday heard a challenge to a New York state law that requires people to have a “proper cause” to get a permit to carry a concealed gun in public. That requirement means New Yorkers have to show a specific need for self-defense that isn’t just speculative. The state also has more restrictive licenses to carry guns for specific purposes, like hunting.
New York Solicitor General Barbara Underwood and the Justice Department, which also argued on New York’s behalf Wednesday, countered that the state has had this law in place for more than a century and that it has a public safety interest in restricting who can carry firearms in public. Underwood suggested that if the court has questions about how the law has worked in New York before the justices can come to a ruling, they should send the case back down to the lower courts for fact-finding.
Roberts also pressed Underwood on how the state treats rural and urban areas differently after the solicitor general said that it was easier to get a concealed carry permit in rural parts of the state. Roberts said he could understand prohibiting firearms in a crowded stadium, for example, but added that it seemed like weapons would be more necessary for self-defense in a “high-crime area,” not “when you're out in the woods.
Underwood acknowledged that there was a degree of discretion involved, but she said that it was necessary. “It's hard to see how you could specify everything in advance and have it be a clear on/off switch and still take adequate account of, on the one hand, the need for self-defense, and, on the other hand, the strong public safety concerns.”
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