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Supreme Court Gun Case to Set Future Rights, Control (PODCAST)

Nov. 12, 2021, 9:46 AM

The Supreme Court is considering a challenge to New York’s strict concealed-carry law that’s primed to set a precedent which could shape the future of guns in the U.S.

Gun-rights supporters want the court in New York State Rifle & Pistol Association v. Bruen to bless more permissive public carry. Gun control advocates worry about the implications of doing so.

Bloomberg Law’s “Cases and Controversies” podcast hosts Kimberly Robinson and Jordan Rubin have spent months reporting on Bruen. And in this special edition, they explore the Nov. 3 argument and the signals the justices sent.

This episode takes listeners into the courtroom and breaks down essential points. Attorneys, scholars, and others working on the case talk about what’s at stake if the challengers prevail, as expected.

A primer. Previous 5-4 rulings said the Second Amendment grants an individual right to have a gun in the home for self-defense, regardless of militia service. The amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Bruen raises the question of the scope of the right outside the home. At the argument, the justices probed the limits of their eventual ruling expected by July.

“Can they say you cannot carry your gun at any place where alcohol is served?” Chief Justice John Roberts asked the challengers’ lawyer, Paul Clement.

“What about a football stadium?” Roberts pressed.

While gun-rights advocates see fewer restrictions as vindicating the Second Amendment, gun control advocates worry about the consequences of more guns on the street.

“If we were to now flood our cities with even more guns, I’m afraid that shooting rate will go up, that murder rate will go up, and we don’t know what will happen to the everyday fights that take place in densely populated cities like New York if people are armed,” said Richard Aborn, president of the Citizens Crime Commission of New York City.

Everytown for Gun Safety, which advocates for universal background checks and gun-safety measures, is backed by Michael Bloomberg, founder and majority owner of Bloomberg News parent company Bloomberg LP. The group filed a brief at the Supreme Court supporting the New York restrictions.

Hosts: Kimberly Robinson and Jordan Rubin

Producer: David Schultz

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To contact the reporters on this story: Jordan S. Rubin in Washington at jrubin@bloomberglaw.com; Kimberly Strawbridge Robinson in Washington at krobinson@bloomberglaw.com

To contact the editors responsible for this story: Tom P. Taylor at ttaylor@bloomberglaw.com; Seth Stern at sstern@bloomberglaw.com; John Crawley at jcrawley@bloomberglaw.com

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