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Children participate in the March For Our Lives rally, in support of gun control, on 11 June in Washington AP/PA Images

Biden 'deeply disappointed' after Supreme Court says people have right to carry guns in public

The ruling strikes down a New York law that required a person to prove they had legitimate self-defence needs to receive a gun permit.

LAST UPDATE | 23 Jun 2022

THE US SUPREME Court today ruled that Americans have a fundamental right to carry firearms in public in a landmark decision that will prevent states from restricting people carrying guns.

The 6-3 decision strikes down a century-old New York law that required a person to prove they had a legitimate self-defence need, or “proper cause”, to receive a gun permit.

Several other states, including California, have similar laws — and the court’s ruling will curb their ability to restrict people from carrying guns in public.

US President Joe Biden said he is “deeply disappointed” with the ruling, saying it “contradicts both common sense and the Constitution, and should deeply trouble us all”.

“We must do more as a society -— not less -— to protect our fellow Americans,” Biden said. “I call on Americans across the country to make their voices heard on gun safety.”

Despite a growing call for limits on firearms after two horrific mass shootings in May, the court sided with gun advocates who said the US Constitution guarantees the right to own and carry guns.

The ruling is the first by the court in a major Second Amendment case in over a decade, when it ruled in 2008 that Americans have a right to keep a gun at home.

It was a stunning victory for the National Rifle Association (NRA) gun lobby group, which brought the case along with two New York men who had been denied gun permits.

“Today’s ruling is a watershed win for good men and women all across America and is the result of a decades-long fight the NRA has led,” NRA executive vice president Wayne LaPierre said in a statement.

“The right to self-defense [sic] and to defend your family and loved ones should not end at your home.”

But New York Governor Kathy Hochul called the ruling a “dark day”.

“It is outrageous that at a moment of national reckoning on gun violence, the Supreme Court has recklessly struck down a New York law that limits those who can carry concealed weapons,” Hochul said.

Justice Clarence Thomas wrote the majority opinion and was joined by the other five conservatives on the court, three of whom were nominated by former president Donald Trump.

“Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution,” Thomas said.

“The Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”

Thomas said the New York law prevents “law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense”.

The ruling comes as the US Senate is considering a rare bipartisan bill that includes modest gun control measures.

A country of mass shootings

On 14 May, an 18-year-old used an AR-15-type assault rifle to kill 10 African Americans at a supermarket in Buffalo, New York.

Less than two weeks later 19 children and two teachers were shot and killed at an elementary school in Uvalde, Texas, by another teen with the same type of high-powered, semi-automatic rifle.

The New York law said that to be given a permit to carry a firearm outside the home, a gun owner must clearly demonstrate that it is explicitly needed for self-defence.

Gun-rights advocates said that violated the Second Amendment of the Constitution, which says “the right of people to keep and bear arms shall not be infringed”.

The three liberal justices on the court dissented from the ruling.

“Many states have tried to address some of the dangers of gun violence … by passing laws that limit, in various ways, who may purchase, carry, or use firearms of different kinds,” Justice Stephen Breyer said.

“The Court today severely burdens states’ efforts to do so.”

More than half of US states already allow permitless carry of firearms, most of them only doing so in the past decade.

But more than 20 still maintain restrictions which they could now be forced to abandon based on the court’s ruling.

The New York state law dated to 1913 and had stood based on the understanding that individual states had the right to regulate gun usage and ownership.

Over the past two decades more than 200 million guns have hit the US market, led by assault rifles and personal handguns, feeding a surge in murders, mass shootings and suicides.

© AFP 2022 

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    Mute Nola De'e
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    Jun 23rd 2022, 4:12 PM

    No surprise there unfortunately. LIFE HAS VERY LITTLE VALUE IN THE GREAT USA.

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    Mute FiannaFáilness FineGaelness
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    Jun 23rd 2022, 6:48 PM

    @Nola De’e: It’s a bloody cesspit.

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    Mute Mick McGuinness
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    Jun 23rd 2022, 4:19 PM

    Bring on more mayhem, mass shootings and all that goes with it. The US Constitution was written in a different era for different circumstances. God help the people of the USA.

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    Mute Vinny Clare
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    Jun 23rd 2022, 4:18 PM

    What actually has to happen to change the minds of the people who vote on it? It will never happen, future generations of kids will be wearing bullet proof vests in schools. It’s insane.

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    Mute JFG
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    Jun 23rd 2022, 4:27 PM

    Unsurprising that Clarence Thomas wrote the majority opinion, although on second thoughts it was probably his wife.

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    Mute Tatey
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    Jun 23rd 2022, 4:47 PM

    That country is tearing itself apart.

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    Mute Niall Cremen
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    Jun 23rd 2022, 4:37 PM

    Quel surprise. The right to bear arms overrides all else in that crazy country. Another great result for Trump. Will they ever learn??

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    Mute Alan Wright
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    Jun 23rd 2022, 6:18 PM

    @Niall Cremen: do you honestly believe that only Trump supporters (I.e Republicans) own guns? Like not even one Democrat owns and wants to continue to own a gun? That is the problem, you don’t agree personally with something and then demonise the others. Progress will never happen with that attitude.

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    Mute Cowboy Paddy
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    Jun 23rd 2022, 4:29 PM

    Congrats to Mitch McConnell and the rest of the GOP, you packed that court well…

    This is braindead stuff.. So they have allowed totally untrained people carry guns in crowded urban areas…

    Read a Quora last night of a Military guy explaining how untrained these people are… Simple thing, in the army unless you have the the rifle under full control (i.e. two hands on it for 98% of the time) you take out the magazine and empty the chamber…
    https://progressive.org/downloads/16731/download/Screen%20Shot%202021-11-15%20at%209.28.38%20AM.png?cb=f3edbfff05e3370ada1dda72b105e9fb&w=640

    This is basic training stuff…

    My answer to this is, let them insure it… If you want to own a gun, get insurance… If want to open carry get insurance for it… It is the cost of owning a gun…

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    Mute David Van-Standen
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    Jun 23rd 2022, 6:10 PM

    @Cowboy Paddy: I believe all firearms owners should have gun safety training.

    But if basic firearms training was the goal, wouldn’t a campaign to make free firearms safety training to all gun owners, be a much better way to achieve that goal, it would also identify people that might unsuitable for gun ownership due to mental health issues.

    Instead Biden and his cronies seek to demonise law abiding gun owners at every opportunity, while simultaneously not only being protected day and night by properly trained people with guns, but also having access to guns themselves.

    It will always be difficult for people outside the USA to understand the constitutional 2nd ammendment right to bare arms, given many of them don’t even have a right to self defence, this ruling reaffirms that right.

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    Mute Cowboy Ted
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    Jun 23rd 2022, 8:58 PM

    @David Van-Standen:
    That is why I say insurance is the answer… The cost of ownership is to be insured… The government doesn’t buy private citizens guns, doesn’t the actions of guns need to be insured against. Uvalde would cost close to $100m in a civil action. Thad victims have no claim, if you are paralysed for life, pay your own bills.

    I would support free gun training if that would help. But mandatory public liability insurance would do that better, it actually takes the government out of the solution. The only involvement is a police officer can check if gun has insurance, that’s it…The insurance companies will implement the safety standards as part of coverage…2nd amendment would be perfectly safe
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    Mute The Ghost of Dublin
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    Jun 24th 2022, 7:45 AM

    @David Van-Standen: it’s sad that someone told you to write this

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    Mute Jimmy Fitzpatrick
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    Jun 23rd 2022, 4:30 PM

    Ah here

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    Mute Buzz Killington
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    Jun 23rd 2022, 5:21 PM

    @Jimmy Fitzpatrick: Those were the exact words that came out of my mouth when I read the headline too, Jimmy :)

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    Mute Emily Barton
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    Jun 23rd 2022, 5:25 PM

    The gun lobby in America owns most people in power.

    51
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    Mute Barrycelona
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    Jun 23rd 2022, 5:22 PM

    Let me get this straight. Republicans are all for protecting the rights of the unborn, even in cases of rape and incest but they ‘ compensate’ by refusing to protect the rights of the born by ‘ loading’ the Supreme Court. So does that mean that if pro abortionists were to fund the Republican party to a large extent, we would have almost ‘compulsory’ abortions.Whatever happened to Democracy and Principles. And then we are understanding of people who don’t vote.

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    Mute v39e84kK
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    Jun 23rd 2022, 6:24 PM

    @Barrycelona: The role of the gun lobby is overstated in this debate IMO. Americans love guns, they have millions of guns. That’s not the gun lobby, that’s the citizens. They love guns. The gun lobby exists of course, pays politicians sure but the people are behind liberal gun laws too.

    The red flag laws sound a bit dodgy to be honest, commit no crime but police have discretion to seize your property? Dodgy laws IMO.

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    Mute Lydia McLoughlin
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    Jun 23rd 2022, 7:13 PM

    @Barrycelona: sadly it appears they want more to be born so they can buy more guns and kill each other later. Wrong on so many levels.

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    Mute Philip Cooper
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    Jun 23rd 2022, 5:35 PM

    Biden just can’t get a win.

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    Mute v39e84kK
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    Jun 23rd 2022, 6:21 PM

    @Philip Cooper: Don’t worry a few lads be along shortly to tell you how he is actually doing awesome.

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    Mute John O'Brien
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    Jun 23rd 2022, 8:01 PM

    It’s simple, the constitution can be amended as per the “2nd Amendment” to ban ownership of firearms. the problem is the political system for electing government is anything but democratic in the USA. You need a lot of money to get elected and hence the thriving lobbying by vested interests gives you a polarised political landscape where nothing gets done easily. USA is no better then a lawless autocracy with a massive arms industry pulling the strings.

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    Mute Peter
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    Jun 23rd 2022, 4:45 PM

    @Gearóid MacEachaidh: that would lead to even more whole sale slaughter of black people than already takes place. Regardless of what white conservative Middle Aged men think, more guns is not the answer. Unfortunately while this ruling will ultimately cause more death, it won’t be seen that way by those that make these laws. They as always will refuse to listen to experts and the evidence as what they think trumps all else.

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    Mute Malachi Shanks
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    Jun 23rd 2022, 9:19 PM

    Back to the Wild West

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    Mute Ní neart go cur le chéile.
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    Jun 23rd 2022, 4:37 PM

    Jeez! Sigh!

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    Mute Victor Feldman
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    Jun 23rd 2022, 5:19 PM

    @Ní neart go cur le chéile.: to prove the need of self defence!!!
    Such as what example?
    To protect your washing line against robbers!

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    Mute Buzz Killington
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    Jun 23rd 2022, 7:11 PM

    @Victor Feldman: Washing lines probably have a longer life span in the US than most people do now, Victor.

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    Mute Podge
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    Jun 24th 2022, 8:18 AM

    I don’t understand why people are freaking out. From what I understand the supreme court just interpreted the constitution. If people want the gun laws changed they clearly need to amend the constitution.

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    Mute CarlitosWay
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    Jun 23rd 2022, 9:05 PM

    The Court is looking after themselves, more guns, more crime, more court cases, more money

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    Mute SkylineSi
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    Jun 23rd 2022, 9:02 PM

    What a mess!

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    Mute Kieran Fitzgerald
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    Jun 23rd 2022, 5:10 PM

    @Gearóid MacEachaidh: that’s why the patron Saint of the Republican party Ronald Regan did when he was governor of California in the 60s.

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    Mute Roman Walczak-Sadlowski
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    Jun 24th 2022, 7:20 AM

    What does one expect in a country that thrives on wars and the manufacturing of such weaponry..your not going to take away their biggest business model overnight…

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    Mute François Pignon
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    Jun 24th 2022, 5:25 AM

    So every person now in New York can potentially carry be packing a piece. Does that include assault rifles and howitzers?

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    Mute Gerard Ryan
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    Jun 24th 2022, 1:24 AM

    John Wayne and Clint Eastwood just rode into town, we’re all safe now! 43 years since I moved here from Ireland, SMH

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    Mute Bríann O Connor
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    Jun 24th 2022, 9:18 AM

    The second amendment needs further amending. Bloody madness!

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    Mute Steve O'Hara-Smith
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    Jun 24th 2022, 6:19 AM

    Great this means the police have an even better excuse to shoot suspects or miss and kill a fourteen year old trying on clothes in a shop. It’s hard to find numbers but I gather this sort of thing accounts for mor innocent shootings than the mass shooters.

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