These
Two Cases May Be Our Last Chance At Establishing The Right To Carry NYSRPA v. Corlett
(2021-01-26)
Issue: This case challenges NY’s “proper cause” requirement for a CCW.
History: New York State Rifle and Pistol Association (NYSRPA) lost at the District Court and in the 2nd Circuit.
Status: Appealed to SCOTUS, awaiting decision on Cert (acceptance).
Organizations bringing suit: NRA – with briefs filed by all significant gun rights groups
The Issue: The challenge is aimed directly at the “good cause” requirement in the laws of New York and six other states.
Why SCOTUS may choose to take this case: There is profound conflict between the appeals courts in regards to concealed carry – and such conflicts are a major reason why SCOTUS decides to hear cases. The D.C. and Seventh Circuit hold the right to carry arms outside the home (concealed) applies just as strongly as the right to keep arms inside the home, whereas the Ninth and Tenth Circuits hold the right does not protect concealed carry outside the home. The First and Second Circuits hold the right has some application outside the home, but in a weaker form (that does not protect the right to carry concealed), and the Third and Fourth Circuits have declined to make a determination on the issue.
Why SCOTUS may decide not to hear the case: Setting aside politics, and the threats made against the court the last time they heard a 2A case, the Justices actually could pass on the case because it is too narrow. Before they deal with concealed carry, they may wish to deal with the issue of carry period – open and/or concealed. Other than that, I cannot think of any reason why they might pass on hearing the appeal.
Young
v. Hawaii
The issue: Challenge to Hawaii statutes regulating carry permits to carry openly or concealed as violating the Second Amendment. Hawaii is not only is a “may issue” state, it has issued no licenses to carry concealed EVER and has only issued open carry licenses to security guards for use at work.
History: This case is quite unusual in that it started with a gun owner being turned down for a license and then filing suit, representing himself. He argued the case before the District Court (and lost), but was then able to obtain assistance in appealing to the 9th Circuit. The 9th Circuit had previously ruled that Concealed Carry is not protected by the 2nd Amendment – but specifically said that they were not addressing open carry. On July 24, 2018, a 3 judge panel of the 9th Circuit ruled the Second Amendment protects the right to open carry in public. The State of Hawaii requested a rehearing en banc and the Ninth Circuit held the hearing on September 24, 2020. The en banc panel has not yet issued an opinion.
Organizations bringing suit: Young is represented by private counsel with briefs in support filed by many gun rights groups, as well as many state AGs.
Will this case reach SCOTUS? Well, we should know that soon. Hawaii actually exposed the gun control side to quite a bit of risk by appealing this case to an en banc panel. Had they simply decided not to appeal and started issuing licenses to carry openly (or concealed if the state preferred), the ruling would have only have affected the 9th Circuit – meaning that California and Hawaii would have been the only two states affected. Every other state in the 9th Circuit is either “shall issue” or “constitutional carry”. The case would have had no chance to reach the Supreme Court. Now, one of two things will happen. Either California and Hawaii will have to start issuing licenses/permits (if Young wins) or we will have another case to appeal to SCOTUS (if Young loses). I do not think Hawaii will appeal a lost to the Supreme Court. My guess? The en banc decision will go against Young – but I could be wrong.
Why SCOTUS would take this case: Well, I do not think they have much choice (assuming we don’t get a win from them on NYSRPA v. Corlett). Not only is there the issue of the right to carry in any manner – there is the issue of the 2A right’s scope. Does it extend outside the home at all, or does it end at the front door of your home?
Why SCOTUS would not take this case: There are two reasons that I can think of. First, this case becomes moot because SCOTUS finds a right to carry outside the home exists after hearing and deciding NYSRPA v. Corlett. Second, they are intimidated by threats from Democrats to expand and pack the high court.
That is where we stand at the moment on carry. I don’t know of any other cases that are “in the pipeline”.
However, there is one more fact we should address. At this point, most Courts of Appeals have issued opinions on the issue of carry or all states in that court’s jurisdiction recognize the right to carry in some form.
1st Circuit – Limited right outside the home, no right to carry for self defense
2nd Circuit -Limited right outside the home, no right to carry for self defense
3rd Circuit – No determination, effectively only New Jersey is “may issue”
4th Circuit – No determination – Maryland only “may issue” state in district
5th Circuit – All states are “shall issue”
6th Circuit - All states are “shall issue”
7th Circuit - 2nd Amendment protects right to carry
8th Circuit - All states are “shall issue”
9th Circuit – No right to carry concealed, currently deciding open carry
DC Circuit - 2nd Amendment protects right to carry
In short, it is completely possible that these are the last two cases with a chance to reach the Supreme Court. Only the states of Maryland and New Jersey are both “may issue” and located in a district that has not decided the issue. We might get cases out of the 1st or 2nd Circuits, but it is doubtful.
Sadly, if we lose these two cases, it is possible that remaining seven “may issue” states could stay that way…..
(2021-01-26)
Issue: This case challenges NY’s “proper cause” requirement for a CCW.
History: New York State Rifle and Pistol Association (NYSRPA) lost at the District Court and in the 2nd Circuit.
Status: Appealed to SCOTUS, awaiting decision on Cert (acceptance).
Organizations bringing suit: NRA – with briefs filed by all significant gun rights groups
The Issue: The challenge is aimed directly at the “good cause” requirement in the laws of New York and six other states.
Why SCOTUS may choose to take this case: There is profound conflict between the appeals courts in regards to concealed carry – and such conflicts are a major reason why SCOTUS decides to hear cases. The D.C. and Seventh Circuit hold the right to carry arms outside the home (concealed) applies just as strongly as the right to keep arms inside the home, whereas the Ninth and Tenth Circuits hold the right does not protect concealed carry outside the home. The First and Second Circuits hold the right has some application outside the home, but in a weaker form (that does not protect the right to carry concealed), and the Third and Fourth Circuits have declined to make a determination on the issue.
Why SCOTUS may decide not to hear the case: Setting aside politics, and the threats made against the court the last time they heard a 2A case, the Justices actually could pass on the case because it is too narrow. Before they deal with concealed carry, they may wish to deal with the issue of carry period – open and/or concealed. Other than that, I cannot think of any reason why they might pass on hearing the appeal.
Young
v. HawaiiThe issue: Challenge to Hawaii statutes regulating carry permits to carry openly or concealed as violating the Second Amendment. Hawaii is not only is a “may issue” state, it has issued no licenses to carry concealed EVER and has only issued open carry licenses to security guards for use at work.
History: This case is quite unusual in that it started with a gun owner being turned down for a license and then filing suit, representing himself. He argued the case before the District Court (and lost), but was then able to obtain assistance in appealing to the 9th Circuit. The 9th Circuit had previously ruled that Concealed Carry is not protected by the 2nd Amendment – but specifically said that they were not addressing open carry. On July 24, 2018, a 3 judge panel of the 9th Circuit ruled the Second Amendment protects the right to open carry in public. The State of Hawaii requested a rehearing en banc and the Ninth Circuit held the hearing on September 24, 2020. The en banc panel has not yet issued an opinion.
Organizations bringing suit: Young is represented by private counsel with briefs in support filed by many gun rights groups, as well as many state AGs.
Will this case reach SCOTUS? Well, we should know that soon. Hawaii actually exposed the gun control side to quite a bit of risk by appealing this case to an en banc panel. Had they simply decided not to appeal and started issuing licenses to carry openly (or concealed if the state preferred), the ruling would have only have affected the 9th Circuit – meaning that California and Hawaii would have been the only two states affected. Every other state in the 9th Circuit is either “shall issue” or “constitutional carry”. The case would have had no chance to reach the Supreme Court. Now, one of two things will happen. Either California and Hawaii will have to start issuing licenses/permits (if Young wins) or we will have another case to appeal to SCOTUS (if Young loses). I do not think Hawaii will appeal a lost to the Supreme Court. My guess? The en banc decision will go against Young – but I could be wrong.
Why SCOTUS would take this case: Well, I do not think they have much choice (assuming we don’t get a win from them on NYSRPA v. Corlett). Not only is there the issue of the right to carry in any manner – there is the issue of the 2A right’s scope. Does it extend outside the home at all, or does it end at the front door of your home?
Why SCOTUS would not take this case: There are two reasons that I can think of. First, this case becomes moot because SCOTUS finds a right to carry outside the home exists after hearing and deciding NYSRPA v. Corlett. Second, they are intimidated by threats from Democrats to expand and pack the high court.
That is where we stand at the moment on carry. I don’t know of any other cases that are “in the pipeline”.
However, there is one more fact we should address. At this point, most Courts of Appeals have issued opinions on the issue of carry or all states in that court’s jurisdiction recognize the right to carry in some form.
1st Circuit – Limited right outside the home, no right to carry for self defense
2nd Circuit -Limited right outside the home, no right to carry for self defense
3rd Circuit – No determination, effectively only New Jersey is “may issue”
4th Circuit – No determination – Maryland only “may issue” state in district
5th Circuit – All states are “shall issue”
6th Circuit - All states are “shall issue”
7th Circuit - 2nd Amendment protects right to carry
8th Circuit - All states are “shall issue”
9th Circuit – No right to carry concealed, currently deciding open carry
DC Circuit - 2nd Amendment protects right to carry
In short, it is completely possible that these are the last two cases with a chance to reach the Supreme Court. Only the states of Maryland and New Jersey are both “may issue” and located in a district that has not decided the issue. We might get cases out of the 1st or 2nd Circuits, but it is doubtful.
Sadly, if we lose these two cases, it is possible that remaining seven “may issue” states could stay that way…..
