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Supreme Court strikes down New York's handgun law

What you need to know

  • The Supreme Court on Thursday struck down a New York gun law that places restrictions on carrying a concealed gun outside the home.  
  • This is the widest expansion of gun rights in a decade, and it comes as the country continues to grapple with mass shootings, including the recent massacre of 19 schoolchildren in Texas.
  • The court's decision was 6-3. Read the full ruling here.
  • The US Senate on Thursday passed a bipartisan bill to address gun violence. It now moves to the House before it can be sent to President Joe Biden to be signed into law.
Our live coverage has ended. Read more about today's gun rights ruling in the posts below.
10:24 p.m. ET, June 23, 2022

Senate passes first major federal gun safety legislation in decades

The Senate on Thursday passed a bipartisan bill to address gun violence that amounts to the first major federal gun safety legislation in decades. 

With 15 Republicans joining Democrats to support the bill, its passage represents a significant bipartisan breakthrough. The final vote was 65 to 33.

The bill will next go to the House for a vote before it can be sent to President Joe Biden to be signed into law.

The legislation includes millions of dollars for mental health, school safety, crisis intervention programs and incentives for states to include juvenile records in the National Instant Criminal Background Check System.

6:44 p.m. ET, June 23, 2022

Clarence Thomas' Second Amendment ruling shows power of conservative supermajority

(Tasos Katopodis/Getty Images/FILE)

For more than a decade, individual Supreme Court conservatives lamented lower court decisions that endorsed gun regulations, as their own court failed to expand a 2008 ruling that said the Second Amendment protects a right to a handgun in the home for self-defense.
One of the strongest dissenters was Justice Clarence Thomas, who in 2020 declared, "It is extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen."

But the new conservative supermajority has changed everything for America, and on Thursday Thomas wrote the 6-3 decision broadening prior interpretations of the Second Amendment right "to keep and bear arms."

Thomas wrote that the definition of "bear naturally encompasses public carry. Most gun owners do not wear a holstered pistol at their hip in their bedroom or while sitting at the dinner table. Although individuals often 'keep' firearms in their home, at the ready for self-defense, most do not 'bear' them in the home beyond moments of actual confrontation."

This is the first time the justices declared a right to carry a weapon outside the home and, significantly for future cases, transformed the legal framework that most lower courts had adopted when reviewing gun laws.

Thursday's ruling underscores the character of the contemporary court, which is often at odds with public opinion and in conflict with its predecessor courts, when centrist conservatives controlled the center and prevented the bench from pitching too far right.

Whether gun restrictions can stand, Thomas wrote, must be measured by the nation's history, not by a state's assertion of urgent public safety interests. He said the Second Amendment "requires courts to assess whether modern firearms regulations are consistent with the Second Amendment's text and historical understanding."

The decision striking down a New York licensing restriction is certain to open the door to more challenges to gun regulations, as the country confronts a new series of mass shootings, including at an elementary school in Uvalde, Texas, and Congress is considering new firearms restrictions.

Led by senior liberal Justice Stephen Breyer, the dissenters referred to the 21 people dead from the Uvalde tragedy and the 10 who were killed a few days earlier in May at a Buffalo, New York, supermarket.

The dissenters insisted that Thomas' new test goes further than what the court's 2008 landmark demanded, and they observed at one point that "firearms in public present a number of dangers, ranging from mass shootings to road rage killings, and are responsible for many deaths and injuries in the United States."

Justice Samuel Alito, who like Thomas has been pushing for greater gun rights for years, joined the majority yet wrote a separate statement that dismissed Breyer's list of mass shootings: "(H)ow does the dissent account for the fact that one of the mass shootings near the top of its list took place in Buffalo? The New York law at issue in this case obviously did not stop that perpetrator."
Overall, Thursday's ruling underscored the power dynamic on today's 6-3 conservative-liberal bench. The appointment in 2020 of Justice Amy Coney Barrett, who had complained as a federal appeals court judge that the Second Amendment appeared to be "a second-class right," helped lock in Thursday's decision.

The decision was signed by all three appointees of former president Donald Trump (Barrett, Neil Gorsuch and Brett Kavanaugh), along with Alito and Chief Justice John Roberts, both appointees of President George W. Bush.

Thomas, a 1991 appointee of President George H.W. Bush, is the longest serving member of the current bench. He turned 74 on Thursday.

The justices are in the final days of their current session, and among the awaited cases are those testing the future of abortion rights and a church-state clash involving a public school football coach who prayed after games at midfield. The conservative wing is likely to control those rulings, too.

Read more here.
4:14 p.m. ET, June 23, 2022

Biden calls Supreme Court ruling on guns "a bad decision"

(Susan Walsh/AP)

President Joe Biden responded Thursday to a Supreme Court ruling striking down a New York gun law placing restrictions on carrying a concealed handgun outside the home, calling the ruling, which marks the widest expansion of gun rights in a decade, telling reporters, “I think it's a bad decision.” 

I was just talking to [New York Governor Kathy Hochul] about this, I am disappointed in the Supreme Court gun decision,” Biden told reporters in the Roosevelt Room Thursday, while pointing to what he called a “little bit of solace,” in that, based on his understanding of Thursday’s ruling, “the gun laws in 40 of the states are still in place based on the decision.”

“Not good enough, but I think it's a bad decision, I think it's not reasoned accurately, but I'm disappointed. 

In a paper statement released earlier Thursday, Biden said he was "deeply disappointed,” in the ruling, warning, following horrific shootings in Buffalo, New York, and Uvalde, Texas, “we must do more as a society — not less — to protect our fellow Americans.”
3:52 p.m. ET, June 23, 2022

The Senate is in a holding pattern as they try to reach a deal to pass the gun safety bill today

(Senate TV)

Democrats and Republicans haggled Thursday afternoon over scheduling votes on a package of amendments to the gun violence legislation as leaders work for an expedited vote for final passage, possibly later on Thursday. 

Earlier today, the bipartisan gun safety bill moved one step closer to final passage in the Senate after a critical vote succeeded in advancing the measure with Republican support. The vote came just after the Supreme Court handed down its ruling on New York's gun law.

Now, a handful of Republicans – including Rand Paul of Kentucky and Ted Cruz of Texas – are pressing for their amendments to be considered. 

Democrats have expressed a willingness to allow some votes – knowing that they will likely fail – in return for moving quickly to a vote on final passage, but they don’t have a resolution yet.   

The Senate will leave for a two-week recess after this vote, putting pressure on lawmakers to reach a deal and catch their flights home tonight.  

Emerging from a lengthy GOP caucus lunch where the issues were discussed, Senate Republican whip John Thune told reporters things are “still murky” and said they would likely “clarify” in the next few hours but “right now there is a lot of swirl.”

“People are interested in seeing votes on their amendments, but I think everybody realizes it’s not going to change the outcome,” he said.  

If no agreement is reached, the procedural clock will run out about 6pm Friday and the final vote will take place without votes on any amendments.  

“Stay tuned,” is all Senate Minority Leader Mitch McConnell would say as he left the lunch and was asked when a final vote will take place on the bill that he supports.  

2:38 p.m. ET, June 23, 2022

Buffalo mayor "disappointed and alarmed" over SCOTUS ruling

Buffalo Mayor Byron Brown leaves the funeral of Aaron Salter Jr. in Buffalo, New York on May 25. Salter was the security guard and former police officer who was killed during the mass shooting at a Tops supermarket in Buffalo.  (Joshua Thermidor/Getty Images)

Buffalo Mayor Byron Brown said he was "disappointed and alarmed" over the US Supreme Court's decision to strike down a New York gun law that places restrictions on carrying a concealed gun outside the home.

In a statement Thursday, Brown said, "I am disappointed and alarmed that the Supreme Court overturned New York’s Concealed Carry Gun Permit Law, at a time when Congress is actively working on gun reform legislation following the recent mass shootings in Buffalo, Texas, Oklahoma, California, and Pennsylvania.”

The mayor added, “The City of Buffalo continues to mourn the loss of 10 innocent members of our community at the hands of a mass murderer motivated by racism and hate. Unfortunately, today’s decision will eventually lead to more concealed weapons to be carried on the streets of Buffalo and America, rather than taking additional steps toward sensible gun reform. American families impacted by gun violence everywhere deserve action to prevent tragedies, including the one we experienced in Buffalo, from ever happening again.”  

Alleged mass shooter Payton S. Gendron faces multiple federal hate crime charges carrying the potential of the death penalty in the killing of 10 Black people last month at a Buffalo, New York, supermarket. Gendron is being held on a slew of state criminal charges, to which he has pleaded not guilty.
Following the shooting in Buffalo, New York Gov. Kathy Hochul told CNN's Dana Bash that the alleged shooter's gun was purchased legally at a gun store in New York. The high-capacity magazine must have been purchased elsewhere, she said, because they are banned in New York.
1:41 p.m. ET, June 23, 2022

NYC officials reiterate "nothing changes" immediately with regards to gun laws

New York City Police Commissioner Keechant Sewell arrives for a news briefing in New York City on April 12. (Alexi J. Rosenfeld/Getty Images)

New York City officials want to make it clear that “nothing has changed” in the state despite the US Supreme Court striking down the law that places restrictions on carrying a concealed handgun outside the home on Thursday.

“The important thing to know today is that nothing changes,” New York Police Department Commissioner Keechant Sewell said.

“If you have a premise permit, it does not automatically convert to a carry permit,” she said, adding, “if you carry a gun illegally in NYC, you will be arrested.”

The case was returned to the lower court and is still in effect until it goes through the lower court process. In the meantime, Sewell said the NYPD is evaluating the permit process.

“We are taking a look at our policies our procedures and our licensing scheme as it stands now,” she said. 

Asked how the ruling may impact policing procedures, she said, “obviously we would look at the way we would do civilian encounters when people are allowed to carry if that came to pass but at this time nothing has changed and I want to make that clear.”

1:37 p.m. ET, June 23, 2022

Supreme Court ruling will "cost more lives," American Medical Association says

The Supreme Court striking down a New York concealed gun law is a "harmful and disturbing decision," according to the president of the American Medical Association.

“Firearm violence is a public health crisis, and easier access to weapons and fewer restrictions on who can carry them – and where they can be carried – are dangerous steps in the wrong direction. Overturning decades of reasonable firearm regulations will cost more lives," AMA President Jack Resneck Jr. said in a statement.

Doctors and other health care workers "are first-hand witnesses to the catastrophic fallout of firearm violence while caring for victims with devastating, life-threatening injuries that are preventable," Resneck said.  

He said the AMA will remain a "strong advocate" for firearm regulations.

1:05 p.m. ET, June 23, 2022

Senate bipartisan gun safety bill clears key hurdle, and the final vote could come as soon as later today

Senate Majority Leader Chuck Schumer speaks at the U.S. Capitol on Wednesday, June 22. (Ting Shen/Bloomberg/Getty Images)

Just after the Supreme Court handed down its ruling on New York's gun law, a major bipartisan gun safety bill moved one step closer to final passage in the Senate on Thursday after a critical vote succeeded in advancing the measure with Republican support.

The legislation is now on a path to pass the Senate before the week is out — with the potential for a final vote to take place as early as later today.

The bipartisan gun deal represents the first major federal gun safety legislation in decades. It includes millions of dollars for mental health, school safety, crisis intervention programs and incentives for states to include juvenile records in the National Instant Criminal Background Check System.
It also makes significant changes to the process when someone ages 18 to 21 goes to buy a firearm and closes the so-called boyfriend loophole, a victory for Democrats, who have long fought for that.

The package amounts to the most significant new federal legislation to address gun violence since the expired 10-year assault weapons ban of 1994 — though it fails to ban any weapons and falls far short of what Democrats and polls show most Americans want to see.

The critical vote on the federal gun safety bill came on the same day as the Supreme Court struck down a New York gun law enacted more than a century ago that places restrictions on carrying a concealed handgun outside the home.

The ruling highlights the conflicting political forces surrounding the issue at all levels of government, as the judicial branch implements the widest expansion of gun rights in a decade, happening right as the legislative branch appears on track to pass its most significant gun safety package in almost 30 years.

A critical vote that requires GOP support: Thursday's vote was held to overcome a GOP filibuster and required 60 votes to succeed, meaning that at least 10 Republicans needed to join with Democrats to vote in favor.

That was expected to happen, however, after 14 Republicans voted to advance the bill in an initial vote Tuesday evening.

Now that the Senate has broken a filibuster, the bill is on track for a final passage vote.

Senate Majority Leader Chuck Schumer has called to pass the bill this week, though the exact timing of a final vote is still to be determined. A final Senate vote could come as early as Thursday if all 100 senators consent to a time agreement. It will take place at a simple majority threshold.

The House would next have to take up the bill before it can be signed into law. It is not yet clear how quickly the bill could move through both chambers, but if the Senate holds a final passage vote Thursday evening, the House could pass the measure soon after.

House Majority Leader Steny Hoyer said that if the Senate passes the gun safety bill on Thursday, the House will convene and pass it Thursday as well.

"We'll try to do it today," he said. "If they move it that quickly, we'll get it done."

Senate rules allow any one senator to slow down the process, and Schumer on Thursday called on Senate Republicans to work with Democrats to get the legislation passed "before the day is out."

Read more here.
12:06 p.m. ET, June 23, 2022

New York Sen. Gillibrand calls Supreme Court decision on gun law "anti-common sense"

U.S. Senator Kirsten Gillibrand (D-NY) during an event with President Joe Biden and several family members of victims of the Tops market shooting at the Delavan Grider Community Center on May 17 in Buffalo, New York.  (Scott Olson/Getty Images)

New York Democratic Sen. Kirsten Gillibrand railed against Thursday’s Supreme Court decision that struck down New York's restrictions on concealed carry permits.

"This is the most far-reaching anti-common sense gun reform law in 15 years. It undermines common-sense laws from states that have very thoughtfully made decisions about how best to protect its citizens," she said. 

"This is clearly an activist Supreme Court. We've seen a draft decision that intends to undermine Roe, we have a decision undermining states' rights where they want to protect its citizens," Gillibrand said. "It's an outrage and this is what Donald Trump intended: to stack the court with ultra, extreme conservative justices who are so far out of step with the American people."

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