ARTICLE

What The Supreme Court’s New Second Amendment Ruling Really Means

News Image By  
Share this article:

This past week, the U.S. Supreme Court issued not one, but two momentous if not earth-shattering decisions. While one of them rescinded the 1973 decision on Roe vs.Wade calling it unconstitutional at is base, the other addressed an issue that is entirely rooted in the constitution. That is, the Second Amendment which allows U.S. citizens the right to bear arms.

The decision targets the many mandates and conditions for obtaining a handgun in New York State in particular, referring to them as “unconstitutional.” However, the ruling does not deal with handgun safety such as trigger locks, gun safes, and even gun concealment furniture. It merely deals with the constitutional law established by the founding fathers of America.

According to a new report, as shocking as it was to some New York State lawmakers and manyfederal legislators, the Supreme Court’s Second Amendment ruling was limited in scope. That is, it struck down requirements adopted in at least six Democratic-led states that “curbed who may obtain a license to carry a handgun in public.”

However, contained within the 63-page majority opinion penned by Associate Justice Clarence Thomas, is an important shift in the manner in which federal courts will review firearm laws. Experts say the changes will likely prompt challenges to other restrictions that Congress has included in their newly passed bipartisan gun safety package such as so-called “red flag” laws which at base, are unconstitutional.

The SCOTUS’s 6-3 majority ruling utilized a challenge to New York State’s gun licensing requirements that reject a legal standard lower courts use to make an assessment on gun restrictions evident in the Second Amendment. Rather than embrace that standard, Judge Thomas stated that to “pass constitutional muster” gun regulations must remain “consistent with this nation’s tradition of firearm regulation.”

Law experts are already agreeing that the law will likely leave dozens of gun regulations vulnerable to legal challenges if they do not adhere to the laws and/or practices set in place when the Second Amendment was first drafted and adopted back in 1791and also when the Fourteenth Amendment went into law in 1868.

Again, these will almost surely include the red flag laws which permits lower courts to deny and/or remove firearms from anyone they see as a threat. Something that did not exist in 1791. 

Says UCLA School of Law Professor and Second Amendment expert, Adam Winkler, “Thomas says only gun regulations consistent with historical regulation of guns are permissible. Red flag laws, however, are a modern invention.” The professor adds that bans due to domestic abuse are newly invented also.

Those represent just two of the policies that are said to be included in the new gun legislation approved by the Senate and signed by the President. The new legislation was drafted in response to a rash of mass shootings that have occurred under President Biden’s watch, such as those in New York, Buffalo, and Uvalde, Texas. The legislation provides for funding that will encourage states to adopt new red flag laws.

The laws would prevent partners in a recent or current relationship from purchasing handguns if they’ve been convicted of domestic violence, for instance. But some worry that it would also potentially prevent an individual from purchasing a handgun if his or her politics do not line up with either the state and/or the judge presiding over the court.

The main issue Clarence confronted is a century-old New York State law that requires residents to show proof of “proper cause” to carry a handgun. That is, for self-protection that’s greater than most people can demonstrate. For instance, people who carry significant amount of cash for their work or well-known figures might meet this threshold.

Two residents of Upstate New York, who joined with the New York State Rifle and Pistol Association, initiated a lawsuit when a county licensing official made the decision that they didn’t demonstrate “extra need” and therefore were denied the carry privileges they were seeking.

With the requirement struck down, the Supreme Court has paved the way for what will likely be immediate challenges to very similar gun restriction laws in New Jersey, California, Maryland, Hawaii, and Massachusetts. But 43 states possess “shall issues” rules which automatically presume residents are legally entitled to carry a gun so long as they meet the legal requirements established by the states, such as clearing the background checks and completing a training course for firearms.

The SCOTUS’s outcome regarding the Second Amendment should not have come as a surprise given the more conservative justices reposes to oral arguments last November of 2021. Back in 2008 and 2010 a divided Supreme Court struck down a ban on handguns in Washington D.C. and Chicago that ruled U.S. citizens have an individual right to own a handgun in their own home.

In the wake of those decisions, the sale of illegal firearms have spiked in both cities. Chicago currently is one of the most dangerous cities in the country, with dozens of shootings per week. Washington D.C. also suffers from high crime rates.





Other News

March 02, 2026Iran Has Closed The Strait Of Hormuz, How High Will The Price Of Oil Go?

Our entire way of life depends upon cheap energy, and nearly a third of all oil that travels by sea must go through the Strait of Hormuz.....

March 02, 2026The Window Of Opportunity & The Largest Regime Decapitation In Modern Warfare

In modern warfare, timing is often measured in weeks or months of planning. But in this case, history may record that a war's decisive tur...

March 02, 2026New Zealand War-Game Connects Evangelical Christians To Extremism And Terrorism

These training scenarios continue to feed into the narrative that conservative Christians are an armed, angry, and apocalyptic gang who ne...

February 27, 2026Heaven’s Warning Lights? Planetary Signs, Purim, And Blood Moons

The headlines and the heavens appear to be speaking at the same time. In a single stretch of days, the world is watching escalating tensio...

February 28, 2026Trading The Pulpit For The Prompt: A Dangerous New Trust

A recent study conducted by the Barna Group reveals a startling statistic: about one-third of practicing Christians now say spiritual advi...

February 28, 2026When Your Vacuum Is Watching You: The Hidden Dangers Of The Smart-Home Explosion

The promise of the modern smart home sounds irresistible: lights that anticipate your mood, thermostats that learn your habits, cameras th...

February 26, 2026AI Models Are Giving Their Predictions For When The U.S. Will Attack Iran

Many experts believe that if this next round of talks does not produce results, it will be the last round of talks. In other words, the de...

Get Breaking News