DO GUN OWNERS HAVE A CONSTITUTIONAL RIGHT TO CARRY HANDGUNS OUTSIDE THE HOME?

The Supreme Court declines to hear a challenge to a New York law that makes it difficult for gun owners to obtain a concealed carry license.

HIGH COURT DECLINES TO HEAR GUN RIGHTS CASE

Thomson/Reuters
April 15, 2013

Staying out of the raging national debate over guns, the U.S. Supreme Court on Monday declined to weigh in on whether gun owners have a constitutional right to carry handguns outside the home.

The court decided not to hear a challenge to a New York state law that requires those who want to carry a concealed handgun to show they have a special reason before they can get a license.

The gun owners challenging the law said that the right to bear arms enshrined in the Second Amendment to the U.S. Constitution is not limited to the right to keep a handgun at home.

In recent years, the Supreme Court has expanded gun rights, first by finding in the 2008 District of Columbia v. Heller case that the Second Amendment guaranteed an individual right to bear arms and then ruling two years later in McDonald v. City of Chicago, that the earlier ruling applied to the states.

The court's decision not to hear the New York case does not mean it could not take up the same legal question at a later date.

Gun control is currently in the public eye following the Sandy Hook Elementary School shootings in Newtown, Connecticut four months ago, and President Barack Obama's decision to push for legislation to curb gun violence. The Senate begins debate on Monday on gun control legislation that would expand background checks for gun buyers.

The case is Kachalsky v. Cacace, U.S. Supreme Court, No. 12-845.