Supreme Court Temporarily Ducks the Issue in Second Amendment Right to Carry Gun Case

On April 27, 2020, the U.S. Supreme Court punted on deciding the constitutionality of a New York City law restricting guns outside the home. The decision arose from a New York City law that barred the transport of firearms licensed for possession in the home, to any place other than a handful of shooting ranges in the city. Gun rights advocates sued, arguing that the law was unnecessarily restrictive, prohibiting them from transporting guns to second homes, for repairs or to sell the guns. New York City officials then changed the law to allow gun owners with “premises permits” to transport their weapons out of the city, including to second homes. New York City officials proceeded to tell the high court that the case should be dismissed because the restraint on gun owners had been removed. A majority agreed to dismiss the case, and gun control advocates dodged a legal bullet. However, conservative members of the court, led by Justice Alito in dissent, signaled that they may be looking for a way to recognize a Second Amendment right to carry a firearm in public. With two newer conservative members on the court, in Justices Gorsuch and Kavanaugh, an expanded view of the Second Amendment right to bear arms may soon be on the horizon.