Analysts say New York escalated its war on the Second Amendment after the Bruen ruling

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What we know

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⚖ The Constitutional Angle

Bruen struck down New York's proper-cause carry-license requirement, holding that conduct covered by the Second Amendment is presumptively protected unless the government proves a historical tradition of regulation. New York's later gun restrictions must clear that same bar. Wolford applied that framework to void Hawaii's rule requiring express permission to carry, ruling a state may not flip the common-law implied-license default.

New York State Rifle & Pistol Association v. Kevin P. Bruen, Superintendent of New York State Police 597 U.S. 1 (2022)

Vote: 6-3 · Opinion: Thomas

New York's requirement that applicants demonstrate 'proper cause' — a special need for self-protection distinguishable from the general community — to obtain an unrestricted public-carry license violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public. The Court held the Second Amendment protects a right to carry handguns publicly for self-defense, and rejected the two-step means-end framework lower courts had applied after Heller.

Jason Wolford v. Anne E. Lopez, Attorney General of Hawaii 609 U.S. ___ (2026) (slip op.); U.S. Reports page not yet assigned

Vote: 6-3 · Opinion: Alito

Hawaii's law (Haw. Rev. Stat. § 134-9.5(a) (2023)) prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the owner's express authorization violates the Second and Fourteenth Amendments. The decision restores the common-law default: a person lawfully carrying enjoys the implied license to enter property held open to the public unless the owner withdraws consent — a State may not flip that default to require express permission.

Precedent facts from the PW Law Library — primary-source verified & independently audited