On September 21, the Biden Administration filed an amicus brief in the pending U.S. Supreme Court case of New York Rifle & Pistol Association v. Bruen, supporting New York’s draconian and unconstitutional restrictions on the right to bear firearms in public for self-defense.
“New York’s law presumptively denies the right to bear arms for self-defense unless a license applicant can demonstrate a special need for self-protection that distinguishes the person from the general population,” the NRA reports.
In practice, this means the rich and well-connected can get unrestricted carry licenses but the peasants can’t, even if they are at greater risk.
For most New Yorkers it nullifies what the Supreme Court has already characterized as “the individual right to possess and carry weapons in case of confrontation.”
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New York’s “may-issue” scheme in fact gives authorities so much discretion that it has fostered a culture of corruption, particularly within the Licensing Division of the New York City Police Department (NYPD). There have been repeated scandals involving the NYPD Licensing Division’s application process, with “facilitators” offering gifts and bribes to licensing personnel to approve or expedite their clients’ applications.
The entire point of the New York scheme is to give authorities complete control over who gets to exercise the right and who does not.
New Yorkers have lost their fundamental right in the eyes of the state government.
According to the NRA, if the starting point for a carry licensing scheme is presumptive denial, then there is no right at all, only a privilege administered to the favored few.
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