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Carrying a firearm outside the home is a fundamental constitutional right. Here’s how lawyer for the two men, Paul Clement, set out the case:ĬLEMENT: That is not how constitutional rights work. And a local official gets to decide what is enough. Just some general sense of wanting to protect yourself isn’t enough. Problem is, no statute defines “proper cause.” State court decisions say it means you have to show a special need for self defense. A state law on the books for 108 years requires the men to show “proper cause” for self defense. REICHARD: But New York refused them that license. Nash and Koch also want to carry firearms for self-defense. They both passed required background checks, they both met all qualifications to carry, they both are already licensed for other purposes, like hunting and target practice. They are described as law-abiding citizens of New York. It centers around Robert Nash and Brandon Koch. It asks: what are the limits of the Second Amendment and the right to self defense outside the home?ĮICHER: Let’s begin with the facts of the case. REICHARD: …Leaving unanswered what those limits might be. The decision also stated that the right is not unlimited.
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That is, the Second Amendment protects your right to keep and bear arms inside your home for lawful purposes, self defense being one of those lawful purposes. Two hundred thirty years later? The scope and extent of that right remains unsettled.ĮICHER: The Supreme Court clarified one aspect of the right in a 2008 decision.
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Here’s how it reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It passed into law as part of the Bill of Rights in 1791. Today, two oral arguments the Supreme Court heard earlier this month.įirst up, the right to keep and bear arms as guaranteed by the Second Amendment. MARY REICHARD, HOST: And I’m Mary Reichard.
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