The American Constitutional Rights Union filed an amicus brief in support of the New York State Rifle and Pistol Association for its Supreme Court case against Kevin P. Bruen, in his official capacity as Superintendent of the New York State Police.
As reframed by the Court, the Question Presented is: Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.
Summary of Argument
In Heller, this Court understandably declined to “clarify the entire field” governing the right to keep and bear arms. 554 U.S. at 635. In particular, other than rejecting a proposed judicial interest-balancing analysis, it declined to specify the standard of review to be applied in future cases, concluding that the District of Columbia’s total ban on the possession of handguns in the home was in no way constitutional. Strict scrutiny is particularly appropriate to examine claimed infringements of enumerated, fundamental rights. Such rights are too important to be remanded to intermediate scrutiny, particularly when the lower courts fail to hold government to its burdens.
The result in this case should reflect the understanding that “the Second Amendment’s core at a minimum shields the typically situated citizen’s ability to carry common arms [outside the home] generally.” Wrenn v. District of Columbia, 864 F.3d 650, 667 (D.C. Cir. 2017). Law-abiding citizens deserve the right to choose to carry without the blessing of government bureaucrats.