The Supreme Court of the United States, profoundly overhauled by Donald Trump, is considering an appeal against a New York law on Wednesday and its decision could allow all Americans to leave their homes armed.
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The hearing, the most important devoted to firearms for more than ten years, arouses strong apprehensions among the partisans of reinforced regulations who are wary of its conservative majority (six judges out of nine). “The law at the heart of this issue has existed for over 100 years (…) the fact that the Court has agreed to examine it should worry us all.“, Said Eric Tirschwell, executive director of the organization Everytown Law in a message sent to AFP.
«The stakes are extremely high (…) especially in the context of increasing gun violence“, He added, referring to the increase in homicides and fatal accidents from around 15,500 to 19,500 between 2019 and 2020 in the United States. The defenders of the carrying of weapons on the contrary see in these figures the proof that the Americans need to be armed more to defend themselves and are delighted to see the subject before a Supreme Court apparently sensitive to their cause.
The temple of law, where the former Republican president brought in three judges, today has a “solid majority (..) of magistrates who think that the Constitution should be interpreted as it was understood when it was writtenThe powerful National Rifle Association (NRA) arms lobby recently pointed out. The NRA is pushing for a literal reading of the Second Amendment to the Constitution. Ratified in 1791, it states that “as a well-organized militia is necessary for the security of a free state, the right of the people to own and bear arms will not be violated».
In 1939, the Supreme Court ruled that it protected the right to use weapons as part of a law enforcement force, such as the army or the police, but was not an individual right to self-defense. She changed her position in a landmark 2008 shutdown and for the first time established a right to own a gun at home in self-defense. However, it left cities and states to regulate out-of-home transportation, so the rules vary widely from place to place.
«Disturbing»
After ten years of refusing to return to the subject, despite numerous requests, the high court finally accepted an appeal filed by an NRA affiliate and two gun owners who are challenging a New State law. York. Since 1913, this law has restricted the issuance of permits to carry concealed weapons to people who have reason to believe that they may have to defend themselves, for example because of their profession or threats aimed at them.
If the Supreme Court invalidates this law, it could immediately overturn similar rules in force in seven other states, including some very populous like California or New Jersey, underlines Joseph Blocher, professor of law at Duke University. “80 million Americans live in these states, so the real impact will be huge», He believes.
Beyond that, the file could “be a turning point in the way courts review Second Amendment cases», Notes Eric Ruben associate professor at the SMU law school in Texas. Over the past decade, courts have generally held that restrictions adopted by states or cities may be justified by security concerns. The supporters of the carrying of weapons ask the Court to take advantage of the New York case “to reject this approach and focus only on the text, history and traditions“, which is “troubling because gun violence was not a problem in the 18th century», Emphasizes Eric Ruben.
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If the Court found them right, that “would open the door to a series of new complaints against all existing regulationsHe said. The Court is due to render its decision before the end of June 2022.
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