States defy Supreme Court constitutional order with new gun restrictions, says report
25 states no longer require conceal carry permits
January 04, 2023|
Several states passed or introduced more restrictive gun laws in 2022 after last year’s Supreme Court ruling that many gun restrictions violate the Second Amendment, says a Daily Caller report.
While many states have passed anti-gun laws due to “special need” and self-defense, the purpose of the “right to bear arms” is to be a safeguard against a tyrannical government. Therefore, says the Supreme Court, Americans should not need to prove to the government why they bear arms.
As Supreme Court Justice Clarence Thomas opined in New York Rifle Assn., Inc v. Bruen in June:
We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.
New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
But New York, New Jersey, California and Washington continue to flout the Supreme Court’s ruling.
In Washington, Democratic Governor Jay Inslee and Attorney General Bob Ferguson are working on a measure that would ban assault-style weapons, require a permit to purchase from all gun buyers and hold both manufacturers and retailers liable for gun sales.
In New Jersey, a bill was passed in December banning guns in some places they’re needed the most: schools, private property, bars, public parks and courthouses. Gun owners also must purchase liability insurance and take training courses. Permit fees were increased.
In California, Democratic Governor Gavin Newsom signed laws in July allowing citizens to bring lawsuits against gun manufacturers, prohibiting ghost guns and 3D gun printing, and the marketing of firearm-related products to minors.
However, California Attorney General Rob Bonta did instruct permit agencies to stop requiring “good cause” as a prerequisite for gun permits following the Supreme Court’s decision.
In Oregon, though 50.7% of voters opted to ban magazines with more than ten rounds and require a permit to purchase a firearm, Harney County Judge Robert Raschio placed a temporary restraining order on the measure.
“Absent entry of this Temporary Restraining Order, Plaintiffs will be deprived of their right to bear arms pursuant to Or. Const. Art. l, Sec. 27 by being made unable to lawfully purchase a firearm or bear a magazine capable of holding more than 10 rounds of ammunition in the State of Oregon. Deprivation of fundamental constitutional rights for any period constitutes irreparable harm,” the judge wrote in his order.
But while several states have been defying the Constitution and Supreme Court order, half the country now no longer requires concealed carry permits after several states last year removed restrictive gun laws following the Bruen decision.
Ohio, Georgia and Indiana all removed permit requirements last year, with Alabama following suit, becoming the 25th state to do so.
“Unlike states who are doing everything in their power to make it harder for law-abiding citizens, Alabama is reaffirming our commitment to defending our Second Amendment rights,” Republican Alabama Gov. Kay Ivey said in a statement after signing the bill into law. “I have always stood up for the rights of law-abiding gun owners, and I am proud to do that again today.”