Docket 20-843
New York State Rifle & Pistol Assn., Inc. v. Bruen
DecidedJun 23, 2022
6-3decision
Source: CourtListener.
Supreme Court strikes down New York's strict permit requirement for carrying handguns in public
What it does
The Court holds that the Second Amendment protects a right to carry a handgun in public for self-defense, not just in the home, and strikes down New York's "proper cause" licensing requirement because it lets officials deny permits to ordinary law-abiding citizens who lack a special need beyond general self-defense. The Court also replaces the two-step judicial test lower courts had used (text/history plus means-end scrutiny) with a text-and-history-only test: a firearm regulation is constitutional only if the government shows it is consistent with the nation's historical tradition of firearm regulation.
Who benefits
Law-abiding adults who want to carry handguns in public for self-defense in New York and the five other states (plus D.C.) with similar discretionary "may-issue" permitting laws.
Who is affected
State and local governments in "may-issue" jurisdictions that must now abandon subjective special-need requirements for concealed-carry permits, and licensing officials who lose discretion to deny permits based on perceived lack of need.
Practical impact
States with discretionary "may-issue" permitting regimes—New York, California, Hawaii, Maryland, Massachusetts, New Jersey, and D.C.—must stop requiring applicants to show a special need distinguishable from the general public in order to carry handguns in public, though they may retain objective "shall-issue" requirements like background checks and training. Millions of residents in these jurisdictions gain easier access to public-carry permits, and licensing officials lose discretion to deny permits based on subjective need assessments.
Majority reasoning
The majority, following Heller and McDonald, held that when the Second Amendment's text covers a person's conduct, the Constitution presumptively protects it, and the government must then prove the regulation matches a historical tradition of firearm regulation—rejecting the means-end scrutiny (intermediate or strict scrutiny) that lower courts had layered on top of history. The Court reasoned that Heller's own methodology relied on text and history, not judicial balancing of costs and benefits, and that judges lack the empirical expertise to weigh such tradeoffs; the Second Amendment itself already represents society's interest-balancing. Reviewing English, colonial, founding-era, antebellum, Reconstruction-era, and territorial history, the majority concluded that governments have not broadly required citizens to show a special need to carry commonly used weapons like handguns in public, aside from a few late-19th-century outlier jurisdictions (mainly two Texas cases and thinly populated Western territories), which it found too isolated, temporary, or unreviewed to establish a national tradition. It responded to the dissent's argument that judges are ill-equipped for extensive historical analysis by noting that legal inquiry is a "refined subset" of historical inquiry guided by evidentiary rules, and that parties—not judges independently—must compile the historical record. The majority also rejected the argument that discovery was needed, saying the resolution turned only on the legal standard requiring a specialized showing, not on factual details of how New York administered the law.
Dissent reasoning
Justice Breyer, joined by Justices Sotomayor and Kagan, argued the majority struck down New York's law without allowing any evidentiary record on how the law actually operates, based only on the pleadings. He contended the Court wrongly discarded means-end scrutiny, which considers a state's public-safety interests and a law's effectiveness, arguing that Heller itself invoked scrutiny language ("under any of the standards of scrutiny") and that means-end tests are used throughout constitutional law, including for speech and equal protection. The dissent argued that judges are poorly suited to resolve contested historical questions—citing scholarly disputes over Heller's own historical claims about the English Bill of Rights and the phrase "bear arms"—and that the majority's history-only approach gives lower courts no workable guidance on which historical analogues count. Reviewing seven centuries of English and American laws restricting public carry, the dissent concluded these show a robust, continuous tradition of regulating (and sometimes broadly prohibiting) public carriage of concealable weapons, which the majority dismissed for shifting and inconsistent reasons. The dissent opened with extensive statistics on gun violence, mass shootings, and deaths, arguing legislatures—not courts—are best positioned to balance the benefits and dangers of firearms given the complexity of the problem.
Constitutional question
Does New York's requirement that applicants show a special need for self-defense ("proper cause") before getting an unrestricted license to carry a concealed handgun in public violate the Second Amendment, applied to the states through the Fourteenth Amendment?
Precedent changed
The ruling rejects the two-step framework combining historical analysis with means-end scrutiny (intermediate or strict scrutiny) that essentially all Courts of Appeals had adopted after Heller and McDonald, replacing it with a text-and-history-only test.