2nd Amendment Review: Can States Regulate the Carrying of Handguns Outside the Home? (Update)

The Second Amendment to the United States Constitution guarantees "the right of the people to keep and bear Arms." In the 2010 decision District of Columbia v. Heller, the Supreme Court explained that those words ensure that individuals may have guns in their homes for purposes of self-defense. After the Supreme Court granted certiorari in New York State Rifle & Pistol Association v. Bruen, in which the Court was asked: "[w]hether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense."

This program will discuss the Supreme Court's prior precedent applying the Second Amendment, how the Court redefined the extent to which states may permissibly regulate guns in Bruen, and how New York has responded legislatively to the Court's decision. The Supreme Court's decision in Bruen has had a significant impact on gun rights throughout the country, and the states' responses to the decision will define the next few decades of Second Amendment litigation. Brushing up on the constitutional text, precedent, and history on which the Court based its decision will benefit everyone, from Supreme Court and appellate litigators to general practitioners who may have a client desiring to carry a handgun outside of their home.

Learning Objectives: 

1. Discuss prior Supreme Court precedent applying the Second Amendment 

2. Identify the fundamental holdings of the Supreme Court in Bruen

3. Review the states' legislative responses to the Supreme Court's decision in Bruen