A Defeat for the Second Amendment | The New York Sun

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A Setback for the Second Amendment

The Supreme Court's decision to uphold New York's restrictions on the right to keep and bear arms is seen as a defeat for the Second Amendment. This follows a recent ruling supporting federal regulations on ghost guns and contrasts with the Court's earlier Bruen decision, which struck down New York's Sullivan law.

New York's Defiance

New York's new gun restrictions, implemented after the Bruen ruling, are viewed as an act of resistance to federal authority. The article argues that these restrictions demonstrate a fundamental divide in America over the right to bear arms, with some viewing it as a critical element of American liberty.

Legal Arguments and Historical Context

The article references Justice Story's view of the Second Amendment as essential for protecting against government overreach and Justice Thomas's assertion in Bruen that it is not a second-class right. It contrasts the restrictions on gun ownership with other constitutional rights like free speech and jury trials, arguing that similar requirements for those rights would be absurd.

The Supreme Court's Decision

The Supreme Court's decision to deny review of the Second Circuit's ruling upholding New York's restrictions is criticized as rewarding the state's defiance of the Court's authority and the Constitution. Key issues highlighted include the expansion of 'sensitive places' where firearms are banned and the requirement for gun permit applicants to disclose social media accounts.

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