Third Circuit warns other gun-ban states that their time is coming

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What we know

The Third Circuit Court of Appeals issued a ruling related to state gun bans. The court indicated that other states with similar restrictions may face legal challenges.

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⚖ The Constitutional Angle

Bruen struck down New York's proper-cause requirement for a public-carry license, holding the Second Amendment protects law-abiding citizens' right to carry handguns for ordinary self-defense. The government must now justify any regulation by showing consistency with the Nation's historical tradition of firearm regulation. A federal court warning gun-ban states their time is coming is applying that exact test.

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.

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