Politics

/

ArcaMax

Editorial: Some gun sense from Supreme Court -- NY gun law survives legal challenge

New York Daily News Editorial Board, New York Daily News on

Published in Op Eds

We are very relieved that the Supreme Court has made the decision to keep in place an existing appeals court ruling that upheld New York’s so-called “sensitive locations” concealed firearm ban, which prohibited carrying hidden guns in parks, hospitals, stadiums and other such locations, as well as a requirement for permit holders to show “good moral character.”

The Big Nine do so in just two words: “certiorari denied,” declining to hear the matter and leaving alone the appeals court decision, which did knock out some provisions of the same New York gun law, including a prohibition on concealed guns on private property that is otherwise open to the public.

This also means that such potential restrictions in other parts of the country could still be blocked by local federal courts, and that the Supreme Court could also step in and invalidate our restrictions here at a later time, just like they did three years ago when they first struck down New York’s century-old gun laws, which is of course what necessitated these new laws in the first place.

This high court game of will-they, won’t-they, where the outcome determines the sheer extent to which firearms will legally flood our public and private spaces with all the consequences that brings is not sustainable.

As much as the pro-gun contingent loves to trot out individual accounts of people using guns to ward off home invasions or shooting a “bad guy” — who, it’s rarely mentioned, often had to be shot because they also had a gun that they’d easily acquired and were using nefariously — the fact is that it’s much more common for someone to use to a gun on themselves or to escalate what would have otherwise been a fistfight or shouting match.

Instead of all this, the court should go back to the drawing board and toss out its ridiculous 2008 ruling in the Heller case, which first introduced the concept that the Constitution’s Second Amendment establishes a practically unabridged individual right to buy and own guns.

 

As much as the gun nuts and their political and legal supporters pretend that this is some sacred tradition dating back to the founding, this view essentially dates back to the 1980s and has been recognized as the law of the land for less than two decades, with that Heller ruling reformulating the plain meaning of the amendment to effectively remove its first clause about “a well regulated Militia.”

This current interpretation of the Constitution would have been laughed out of court just a few decades ago, and guns haven’t gotten any less deadly since then. At the level of private gun ownership in the United States — with significantly more guns in private hands than there are people in the country — it’s going to be hard to put the genie back in the bottle when it comes to proliferation, but at least we can take reasonable steps to stop the sales to people that really shouldn’t have guns and control the ability to carry them out and about freely.

The fact that most other countries on Earth, and certainly peer countries economically, have tiny fractions of our total numbers of gun deaths and injuries shows that basic, common-sense restrictions work and work well. Our carnage is a choice.

___


©2025 New York Daily News. Visit at nydailynews.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Micek

John Micek

By John Micek
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Michael Reagan

Michael Reagan

By Michael Reagan
Mona Charen

Mona Charen

By Mona Charen
Oliver North and David L. Goetsch

Oliver North and David L. Goetsch

By Oliver North and David L. Goetsch
R. Emmett Tyrrell

R. Emmett Tyrrell

By R. Emmett Tyrrell
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Kirk Walters Scott Stantis Joel Pett Randy Enos Dick Wright Daryl Cagle