New SCOTUS Justice Gorsuch Could, Within Weeks, Change Outcome of Biggest Gun-Rights Case in Years

Neil Gorsuch will be sworn in today and will take a seat on the Supreme Court at a time in which a massive 2nd amendment case may end up in the court before April ends. There are several cases that could be decided to the SCOTUS with Gorsuch taking part in the decision, but one such case stands out for millions of 2nd amendment right supporters.

What kind of 2nd amendment case, you might ask? Well, in D.C. v. Heller and McDonald v. Chicago the court stood with the constitution, ruling a state like California or Illinois cannot prohibit private firearm ownership in the privacy of one’s own home. While this was certainly a good and correct ruling, it did not extend to protect the actual right to keep and bear arms period. The 2nd amendment in no way states Americans can only keep and bear arms inside their homes.

So a new case making its way to the SCOTUS, should the court accept it, addresses the right to carry outside the home. In most states this isn’t an issue. Most states are in line, in some way or another, with the right to keep and bear arms. But in states like California there are counties where it’s virtually impossible to obtain a concealed carry permit. This because of state law that doesn’t require a permit to be issued upon request, but instead gives counties the authority to decide whether or not to “grant” the right to bear arms. Something the 2nd amendment already does.

In 2016 the 9th U.S. Circuit Court of Appeals ruled states like California can choose to write legal loopholes that prohibit the ability to obtain a concealed carry permit for use outside the home. This is an obvious and blatant violation of the 2nd amendment and activist groups immediately challenged the ruling.

That challenge is what may end up at the Supreme Court later this month. And if the SCOTUS rules correctly, states like California will no longer be able to refuse an application to obtain a concealed carry permit for use outside of the home. Essentially, the Supreme Court can and should rule that all states must operate on a “shall issue” permitting system. Meaning, if an American citizen requests a concealed permit, such a permit shall be issued.

  • snakebit

    “Essentially, the Supreme Court can and should rule that all states must operate on a “shall issue” permitting system. Meaning, if an American citizen requests a concealed permit, such a permit shall be issued.”

    The article should be updated to clarify that “shall issue” means the state must issue a permit to any citizen who is not a prohibited person as defined by Federal and State law. What it doesn’t mean is that convicted felons and the mentally ill (civil commitment) would get approved, as anti-2A activists claim.