Want To Walk Around With a Gun? In Some States You Can, In Other states You Can’t.
I have been inundated by fundraising requests from gun-control groups like Brady and Giffords ever since the SCOTUS issued its opinion in NYSRPA v, Bruen which basically shot down (pardon the pun) used by New York State and six other states for deciding who can, and who can’t walk around with a concealed gun.
Until this opinion was published in May, New York State was one of seven states which still required an applicant for a concealed-carry license (CCW) to show that he needed to be armed because otherwise he wouldn’t be able to defend himself, in other words, proving that he had a specific reason for needing to carry a gun.
In effect, the SCOTUS decided that the ‘right’ to own a gun didn’t just cover keeping a handgun in the home, which is what had been the issue when SCOTUS defined the 2nd Amendment in 2008. With the Bruen ruling, anyone who can pass muster to own a gun can also get permission to walk around with the gun outside his home.
Thanks to our friend Jennifer Mascia’s article in The Trace, we now know how this case will shift those ‘may issue’ states to ‘shall issue’ states, i.e., removing the ability of the cops to apply discretionary judgements to the issuance of CCW.
No wonder that Brady, Everytown and all the other groups in Gun-control Nation are up in arms (again, pardon the pun.) The only other legal barrier whose disappearance will result in untold mayhem are the laws which prevent gun owners from freely moving across state lines with their concealed guns, but not to worry — I’m sure the gun ‘rights’ gang is getting ready to attack that law as well.
I happen to live in one of those seven states, which used to be a ‘may issue’ state. I live in Massachusetts and to the joy of the local gun nuts, on August 1st the State Legislature amended the CCW process, striking the word ‘may’ with the word ‘shall’ as it applies to decisions by the cops on who can and who still can’t walk around the Commonwealth with a gun. The new language also deletes the phrase ‘a reasonable exercise of discretion’ from the issuance instructions now followed by the police.
So now Massachusetts has joined the ranks of the ‘shall issue’ CCW states. Except there’s only one…