Thread by @FreedomWorks

🧵NEW: SCOTUS issued its ruling in NY State Rifle & Pistol Assn v. Buren.

The court held NY’s concealed carry licensing system that required law abiding residents to show “proper cause” was unconstitutional because it violated the 2A right to bear arms for self-defense. #ampFW

ampfw.org/3A1k5ig

#ampFW: While “proper cause” might sound innocent, it isn't. It's an entirely subjective test that puts unlimited power in the hands of Gov officials to restrict your 2A right.

As a result, it was impossible for Brandon Koch & Robert Nash to carry a firearm outside their home.

#ampFW: New York is 1 of 6 jurisdictions like this. Commonly called “may” issue jurisdictions. In direct contrast, 43 states have objective criteria that if met, allow law abiding residents to carry a firearm outside the home. They are commonly called “shall” issue jurisdictions.

#ampFW: Justice Thomas, writing for Court on his 74th BDay, explained that SCOTUS in Heller held that the 2nd Amendment protected the right to keep and bear arms for self-defense. Heller invalidated a DC law that prohibited the possession and use of handguns in the home, not out.

#ampFW: While Heller sounds powerful, appellate courts treated it with severe disrespect. Instead of relying on a text, history, & tradition analysis that Justice Scalia so powerfully articulated, appellate courts engaged in a cost-benefit analysis to ensure the Gov never lost.

#ampFW: Today, 6 justices told appellate courts that they wrongly interpreted Heller, & cost-benefit analysis should never be used again. Now, government must “Demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a..

firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s 'unqualified command.'" This text, history, and tradition test might better be called #originalism. #ampFW

#ampFW: Applying that test to facts, the Court held the 2A’s text of “bear” supports a right to carry outside. Certainly the need for self-defense applies outside the home as much, if not more than in. Moreover, massive amounts of historical evidence support that conclusion too.

#ampFW: The Court took lengths to defend its originalist posture. In response to Heller, many argued 2A cannot protect firearms not in existence at the founding. Under this logic, 4A does not protect against searches of cell phones, and 1A does not protect speech on the internet.

#ampFW: The Court demolished that argument.

2A “extends…to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding... that general definition covers modern instruments that facilitate armed self-defense.” #Originalism

#ampFW: In sum, NY's licensing system was unconstitutional b/c it restricted the right of law-abiding residents to BEAR arms, a right protected by the text, history, & tradition of 2A. NY can no longer defend & courts can no longer uphold these systems bc of a cost-benefit test.

#ampFW: In sum, NY’s licensing system was unconstitutional b/c it restricted the right of law-abiding residents to BEAR arms, a right protected by the text, history, & tradition of 2A. NY can no longer defend & courts can no longer uphold these systems b/c of a cost-benefit test.

The concurrences further explain the majority. Justice Alito explained the opinion does not say who can lawfully possess a firearm, the requirements to buy a firearm, or the kinds of weapons people can possess. He also forcefully responds to each of Justice Breyer’s arguments.

#ampFW: Justice Kavnauagh explained the opinion says nothing about the criteria shall-issue jurisdictions might employ. It only addresses jurisdictions w/ may-issue.

Moreover, 2A allows a variety of gun restrictions, and is “neither a regulatory straitjacket...nor blank check.”

#ampFW: This is the most consequential opinion Thomas has ever issued. It is fitting it comes on his 74th b-day.

When he joined the Court, originalism was but a theory employed by Justice Scalia & sometimes CJ Rehnquist. It is now a doctrine used by a majority of the Court.