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Carrying Arms in New York State: Five Minutes to Understand the Supreme Court’s Decision


Exit the exception of New York State. On Thursday, the Supreme Court of the United States, the highest court, reinforced the law relating to the carrying of weapons in the State of New York, barely a month after the killing of Uvalde which left 21 dead.

Seized by the New York State Rifle & Pistol Association and two of its members, the Supreme Court ruled in favor of the right to carry a weapon concealed outside the home. A decision taken by six conservative votes against three liberals.

Until then, and since a law adopted in 1911 and clarified in 1913, it was necessary, in addition to the license to carry weapons, to justify a “valid reason” to transport a weapon in a concealed manner outside in the New York State. “A concept left to the appreciation of the authorities, that’s the whole problem”, assures Didier Combeau, expert from the United States and author of “Americans and firearms” (Belin).

What does the Supreme Court decision say?

Concretely, the inhabitants of the State of New York will no longer have to justify this “valid reason” to carry a weapon in a concealed way outside their home. The Supreme Court ruled that New York State legislation violated the 14th Amendment to the US Constitution, which guarantees equality among citizens, since all US citizens do not have the same gun rights.

“The second and the fourteenth amendments to the Constitution protect the right of an individual to carry a handgun for self-defense outside his home”, s e is also congratulated the conservative judge Clarence Thomas, at the announcement of the verdict.

What changes?

“Not everyone will be able to carry a weapon outside,” assures Marie-Christine Bonzom. In fact, holding a permit will always be mandatory, requiring, among other things, to be of legal age. But, for Didier Combeau, once the conditions necessary to obtain it have been met, “the State of New York should be forced to issue the permits since it will no longer be able to make discretionary decisions”.

This Supreme Court ruling could also have consequences in the six other states (including California, which denounced a “shameful” and “dangerous” decision) where similar legislation applies. “The decisions of the Supreme Court are precedents, advances Didier Combeau. Legislation in other states will be considered unconstitutional. In fact, they will have no other choice but to adapt”.

What reactions?

Kathy Hochul, Democratic Governor of New York State, was among the first to protest on Thursday morning, denouncing an “absolutely scandalous” decision. An opinion shared by the mayor of New York City, also a Democrat, Eric Adams. “We will continue to do everything possible to work with our federal, state and local partners to protect our city,” he said on his Twitter account.

Same story for US President Joe Biden who says he is “deeply disappointed”. In a statement, the US Department of Justice reiterated its determination to “save innocent lives by enforcing and defending federal gun laws”.

For its part, the American arms lobby, the NRA, hailed a “turning point for the righteous men and women of America and the result of decades of struggle”.

Towards a two-speed legislation?

Only a few hours after the Supreme Court’s decision, the Senate passed a law restricting access to firearms. This text, which will be voted on by the House of Representatives on Friday, provides in particular for the strengthening of criminal and psychological background checks for people under 21 wishing to buy a weapon.

“We actually have a judicial power and another legislature that are not of the same wavelength”, analyzes Marie-Christine Bonzom, who recalls that “ultimately, it is the Supreme Court which interprets the laws”. A court today made up of six conservative judges and three liberals, all of whom are appointed for life.

A situation which pushes Anne Deysine, professor and author of “The United States and Democracy” (L’harmattan), to think that “the restrictive measures taken or which could be taken by the Democrats risk being, one after the others, declared as unconstitutional”. Thus preventing any further restrictions on the issue of weapons in the United States.

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