The court’s decision to hear the appeal filed by three New
York residents and New York’s National Rifle Association affiliate could signal
a revived interest in gun rights by a more conservative court. The case won’t
be argued until October.
The challengers are represented by prominent lawyer Paul
Clement, who has been urging the justices to elaborate on the extent of
constitutional gun rights the Supreme Court declared in decisions in 2008 and
2010. The court had previously rejected several appeals.
The court may be more willing to take on a gun rights case
now that Justice Anthony Kennedy has retired and been replaced by Justice Brett
Kavanaugh, who was President Donald Trump’s second high-court nominee to be
confirmed.
Clement says the case “is a perfect vehicle to reaffirm that
those decisions and the constitutional text have consequences.”
Joining in support of gun rights, 17 states said the court
should break its years-long silence and use the case to define the scope of gun
rights under the Constitution and the level of scrutiny, or skepticism, judges
should apply to gun laws.
New York’s ordinance allows people licensed to have handguns
to carry them outside the home to gun ranges in the city. The guns must be
locked and unloaded.
The city residents who filed suit want to practice shooting
at target ranges outside the city or take their guns to second homes elsewhere
in New York state.
Lower courts had rejected the challenge.
The city’s top lawyer, Zachary Carter, urged the court to
reject the case, arguing that the restrictions allowed New York police to
reduce the number of guns carried in public.
There are seven shooting ranges in the city and at least one
in each of the city’s five boroughs, Carter said.
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