Case Brief for Phil of Law-7:New York State Rifle & Pistol Association v. Bruen

New York State Rifle & Pistol Association v. Bruen, 597 U.S. ___ (2022)

Fact

The State of New York makes it a crime to possess a firearm without a license, whether inside or outside the home. And citizens need to have probable cause to apply for unrestricted licenses to carry concealed weapons outside homes. Petitioners Mr. Koch and Mr. Nash, who are law-abiding citizens, applied for unrestricted licenses for handguns but were refused by the State for not having probable cause for self-defense. They sued the State for violating their Second and Fourteenth Amendment rights.

Procedural Posture

The District Court dismissed petitioners’ complaint and the Court of Appeals affirmed.

Question Presented

1. Are the the petitioners’ rights to carry handguns outside home protected by the Second Amendment?

2. Is New York’s probable cause requirement a due process of law?

Holding

The petitioners’ rights are protected by the Second Amendment. New York’s proper-cause requirement is not a due process of law thus violates the Fourteenth Amendment by preventing the petitioners from exercising their Second Amendment rights.

Rationale

1. The Second Amendment protects law-abiding citizens to carry arms for the purpose of self-defense. It doesn’t mention the outside and inside home distinction. The petitioners are law-abiding citizens and they carry the weapons for self-defense. As a result, New York’s law violates their Second Amendment right.

2. New York’s law is not historically rooted. Needing proper cause to bear arms isn’t in American history and tradition. As a result, it is not a due process of law thus violating the Fourteenth Amendment right of the petitioners.