WASHINGTON — The Supreme Court’s justices, citing the right to bear arms in the Second Amendment, sounded ready Wednesday to strike down laws in New York and California that deny most gun owners permits to carry concealed guns in public.
Most of the justices said people who live in “high-crime areas” and fear for their safety should be allowed to carry a gun for self-defense. And they said this applies equally to people who live in cities as well as in rural areas.
“Think about people who work late at night in Manhattan,” said Justice Samuel A. Alito Jr. “It might be somebody who cleans offices. It might be a doorman at an apartment. It might be a nurse or an orderly (or) somebody who washes dishes” who is “scared to death” to head home.
“How is it consistent with the core right to self-defense” to deny that person the right to have a gun with them? he asked.
In defense of New York’s law, state Solicitor General Barbara Underwood argued for limiting the number of guns in densely populated areas. Too many guns in too many hands would increase the danger of gun violence, she said.
But Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh disputed that view and said people there may have a greater need to protect themselves with a gun.
“How many muggings take place in the forest?” Roberts asked her.
Kavanaugh said the Second Amendment protects a right to have a gun for self-defense, which suggests the decision to be armed should rest with the gun owner, not a state or local licensing official.
“Why isn’t it good enough to say I live in a violent area and I want to be able to defend myself?” he asked.
During their comments and questions, the court’s six conservative justices made clear they are highly skeptical of laws that authorize state or local officials to deny gun permits to law-abiding residents.
Only the court’s three liberal justices spoke in defense of these laws and said there has been a long history of regulating guns in public.
Still, a gun rights ruling in the New York case could be limited. The justices, both conservative and liberal, said cities and local governments would not be prevented from enforcing bans on guns in “sensitive places,” and that could include subways, football stadiums and university campuses.
“Can’t we just say Times Square on New Year’s Eve is a sensitive place?” said Justice Amy Coney Barrett.
Washington attorney Paul Clement, who was representing the gun owners, avoided a clear answer on where guns could be excluded, but he agreed the city would retain that authority to restrict guns in certain places.
At issue Wednesday in the case of New York State Rifle & Pistol Association vs. Bruen were the laws in New York as well as similar measures in California and six other states that limit who may obtain a license to carry a concealed handgun in public.
Typically gun owners are required to show they have a “special need” or “good cause” to be armed, not simply a general fear for their safety. In New York City and Los Angeles, these permits are rarely granted.
