NSSF Applauds U.S. Supreme Court’s
NYSRPA v. Bruen Decision
NEWTOWN, Conn. — NSSF®, the firearm industry trade association, applauds the U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen to strike down New York’s restrictive “may issue” concealed carry permitting scheme. This decision affirms that the Second Amendment is an individual right that may be exercised both in the home and in public.
“This is a tremendous victory for the rights of all law-abiding Americans to exercise the pre-existing and God-given right to keep and bear arms for self-defense,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “This establishes that ‘may issue’ permitting schemes that relegate the Second Amendment to a second-class right that can be meted out by government bureaucrats are unconstitutional. The firearm industry is tremendously grateful to the U.S. Supreme Court’s faithful application of Constitutional rights.
“Of equal importance is the fact that the U.S. Supreme Court has set forth the correct test for evaluating whether a law infringes upon the Second Amendment. The court rejected the ‘means-ends’ (interest weighing analysis) test adopted by the lower courts since Heller and McDonald. This ‘means-ends’ test is based on retiring Justice Breyer’s dissent in Heller that was expressly rejected by the court in Heller itself. The court also made clear today that intermediate scrutiny is not appropriate and that the proper test is to look at the text, history and national tradition at the time of the founding as to whether a restriction violates the Second Amendment.
“NSSF in amicus briefs filed with the U.S. Supreme Court has urged the court to provide clear guidance to the lower courts as to proper test. We are very pleased the court has put an end to the improper interest balance test in which the government restriction is nearly always upheld. Now, finally, the Second Amendment will not be treated like a second-class right,” said Keane.