Supreme Court avoids new Second Amendment ruling, dealing blow to gun rights advocates – CNN
Monday's order is a victory -- for now -- for supporters of gun regulations who feared the justices would take an idiosyncratic state law and use it as a vehicle to expand upon a landmark opinion by the late Justice Antonin Scalia from 2008 that held for the first time that an individual had a right to keep and bear arms at home for self-defense.
Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissented.
The case marked the first major gun rights case heard by President Donald Trump's two nominees. Gorsuch joined the dissent. Justice Brett Kavanaugh, on the other hand, said in a concurring opinion that while the court should sidestep the case at hand, he also agreed with the dissenters' concerns that lower courts have been thumbing their noses at Supreme Court precedent on the 2nd Amendment and said the court should "address that issue soon."
When the Supreme Court agreed to take up the case, the law blocked individuals from removing a handgun from the address listed on the license except to travel to nearby authorized small arms ranges or shooting clubs.
New York argued the rule was not a burden on 2nd Amendment rights and that it represented a reasonable means to protect public safety.
The New York State Rifle & Pistol Association, a gun owners group and individual plaintiffs challenged the law arguing that it was too restrictive and that a New Yorker could not transport his handgun to his "second home for the core constitutional purpose of self-defense or to an upstate county to participate in a shooting competition, or even across the bridge to a neighboring city for target practice."
Lawyers for the Trump administration sided with the challengers, arguing that "few laws in our history have restricted the right to keep and bear arms as severely as this ban does."
In a twist, after the Supreme Court agreed to hear the case, the city allowed licensed owners to take handguns to other locations, including second homes or shooting ranges outside city limits. In addition, the State of New York amended its handgun licensing statute to require localities to allow licensed gun owners to engage in such transport.
As a result, New York argued the justices should dismiss the case.
Lawyers challenging the law countered that the only reason it was amended was supporters of gun regulations feared that the Supreme Court's new conservative majority might use the idiosyncratic law to render a broad decision cutting back on gun restrictions.
An 'epiphany of sorts,' Alito says of New York
In his dissent, Alito expressed frustration that the court had declined to decide whether the city's law violated the 2nd Amendment.
"Although the city had previously insisted that its ordinance served important public safety purposes, our grant of review apparently led to an epiphany of sorts, and the city quickly changed its ordinance," Alito wrote.
Alito stressed that even though the law had been changed, those challenging it had not been provided with all the relief they sought.
"Petitioners got most, but not all, of the prospective relief they wanted," Alito wrote, "and that means that the case is not dead." He specifically noted their claims for damages.
Alito also took special aim at a "friend of the court" brief filed by Democratic Sen. Sheldon Whitehouse and others, suggesting the senators had tried to intimidate the court.
"Five United States Senators, four of whom are members of the bar of this Court, filed a brief insisting that the case be dismissed," Alito wrote.
Whitehouse had suggested that if the court did not dismiss the case, the public would believe the court was motivated by politics. "The Supreme Court is not well," Whitehouse wrote. "Perhaps the Court can heal itself before the public demands it to be restructured in order to reduce the influence of politics."
"If a case is on our docket and we have jurisdiction," Alito retorted, "we have an obligation to decide it."
Alito said he would have found that the New York City ordinance was unconstitutional and that it burdened the right to bear arms that was recognized in the court's 2008 decision called District of Columbia v. Heller. He said there is "cause for concern" that lower courts are not abiding by that decision.
"History provides no supporter for a restriction of this type," Alito said.
The gun-control groups Everytown for Gun Safety Action Fund and Moms Demand Action welcomed the court's decision on Monday, with Everytown President John Feinblatt saying in a statement that the court "just thwarted the gun lobby's hope for a broad ruling that could slow the gun safety movement's growing momentum."
Brady President Kris Brown said the case was "moot" in December when the court first heard arguments. "The issue at the heart of this case was already resolved and the plaintiffs had already received everything they had demanded and more. Recognizing this, the court's decision that there is no case here is common-sense," Brown said in a statement. "That the court recognizes this too merely underscores the desperation of the NRA and their allies to use this issue to advance a radical reinterpretation of the Second Amendment."
The justices announced that next Friday, when they hold their regularly scheduled conference, they will discuss whether to take up other 2nd Amendment cases for next term. The conference is a private telephone call between the justices.
UPDATE: This story has been updated with additional reaction.
Visit link:
Supreme Court avoids new Second Amendment ruling, dealing blow to gun rights advocates - CNN
- Gun insurance could save lives without infringing on Second Amendment rights | Opinion - PennLive.com - June 7th, 2026 [June 7th, 2026]
- Michael Gates Could Change Everything for Second Amendment Rights in California - California Rifle & Pistol Association - May 31st, 2026 [May 31st, 2026]
- Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Hearing Wrap Up: Second Amendment Must be Safeguarded Against Overreach - House.gov - May 17th, 2026 [May 17th, 2026]
- Higgins Opens Hearing on Privacy Protections and the Second Amendment - House.gov - May 17th, 2026 [May 17th, 2026]
- Griffith Statement on Spanberger Support of Anti-Second Amendment Bills - Patriot Publishing LLC - May 17th, 2026 [May 17th, 2026]
- The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Yahoo - May 13th, 2026 [May 13th, 2026]
- How the ACLU Started Defending the Second Amendment - Reason Magazine - May 13th, 2026 [May 13th, 2026]
- ASU grad bridges disciplines and perspectives with his Second Amendment research - ASU News - May 11th, 2026 [May 11th, 2026]
- Do Undocumented Immigrants Have Second Amendment Rights? First Circuit Weighs In - FindLaw - May 11th, 2026 [May 11th, 2026]
- DOJ Sues City of Denver Over Assault Weapons Ban, Calls Local Ordinance a Civil Rights Violation Under Second Amendment - USA Carry - May 11th, 2026 [May 11th, 2026]
- Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further - Fox News - May 11th, 2026 [May 11th, 2026]
- Lindsey Graham urges US, Israel to arm Iranian civilians in 'Second Amendment solution' to topple regime - Fox News - May 5th, 2026 [May 5th, 2026]
- Fearing expanding gun rights, anti-gun group creates absurd concealed-carry policy - Second Amendment Foundation - May 5th, 2026 [May 5th, 2026]
- Indianola City Council Holds Public Hearing on Second Amendment of Fiscal Year 27 Budget at Meeting - KNIA - KRLS - May 5th, 2026 [May 5th, 2026]
- Indianola City Council to Hold Public Hearing on Second Amendment of Fiscal Year 27 Budget at Meeting Tonight - KNIA - KRLS - May 5th, 2026 [May 5th, 2026]
- Newsmax host on the possibility of state house inspectors coming to his home: "You come to my door, that's what the Second Amendment is for"... - May 1st, 2026 [May 1st, 2026]
- ATF Announces 34 Rulemakings and Final Rules in Sweeping Regulatory Review Under Trump's Second Amendment Executive Order - USA Carry - May 1st, 2026 [May 1st, 2026]
- Eleventh Circuit: Machine guns not protected in Second Amendment - Buckeye Firearms Association - April 29th, 2026 [April 29th, 2026]
- Erich Pratt Testifies Live in Defense of the Second Amendment Before U.S. Senate Committee - Outdoor Wire - April 17th, 2026 [April 17th, 2026]
- Second Amendment Legacy Foundation banquet aims to help kids hit the mark - KTLO - April 17th, 2026 [April 17th, 2026]
- Bitwise files second amendment to Hyperliquid ETF, adds Wintermute and Flowdesk as trading counterparties - The Block - April 17th, 2026 [April 17th, 2026]
- Senate Homeland Security Holds Hearing on Second Amendment - NTD News - April 17th, 2026 [April 17th, 2026]
- 'It is RIDICULOUS!': Thomas Massie tears into anti-Second Amendment lobby in heated Senate hearing - The Economic Times - April 17th, 2026 [April 17th, 2026]
- Defending the Second Amendment - thecarrollnews.com - April 10th, 2026 [April 10th, 2026]
- Trump v. Second Amendment: The Administration Is Trying To Selectively Apply Gun Rights - Yahoo - April 10th, 2026 [April 10th, 2026]
- Trump DOJ Keeps Biden's Ghost Gun Rule in Place, Defying White House's Own Second Amendment Executive Order - USA Carry - April 10th, 2026 [April 10th, 2026]
- Second Amendment groups rip D.C. U.S. Attorney Pirro over hurting gun rights case - Washington Times - April 10th, 2026 [April 10th, 2026]
- Trump Must Deliver on the Second Amendment or Republicans Will Pay the Price - txgunrights.org - April 8th, 2026 [April 8th, 2026]
- Ministry of Mines notifies Mineral (Auction) Second Amendment Rules, 2026 for faster operationalisation of mines - News Riveting - April 8th, 2026 [April 8th, 2026]
- State v. Ducker Brief: Defending the Second Amendment Rights of North Carolinians - Cato Institute - April 5th, 2026 [April 5th, 2026]
- Federal Appeal Argues Second Amendment Violated After NYPD Admits Gun Licensing Regime Has No Deadline - PR Newswire - April 5th, 2026 [April 5th, 2026]
- Defending the Second Amendment - New River Valley News - April 5th, 2026 [April 5th, 2026]
- NYC Gun License Applicants Sue NYPD Over Years-Long Delays That Blocked Their Second Amendment Rights - USA Carry - April 5th, 2026 [April 5th, 2026]
- The Citizenship Clause Implicates the Second Amendment: News Article - Independent Institute - April 5th, 2026 [April 5th, 2026]
- DOJ arming with Second Amendment lawyers to take on tranche of state gun control laws - Washington Times - April 3rd, 2026 [April 3rd, 2026]
- Second Amendment 'Auditor' Explains His Goal For Walking Around With Guns - wflaorlando.iheart.com - April 3rd, 2026 [April 3rd, 2026]
- Pvt Univs, Jan Vishwas Second Amendment bills tabled in House - Daily Excelsior - April 3rd, 2026 [April 3rd, 2026]
- Second Amendment Sales Tax Holiday bill misses the mark | CATHERINE DORROUGH - Montgomery Advertiser - March 26th, 2026 [March 26th, 2026]
- LETTER: The Second Amendment is not a partisan issue - Fauquier Times - March 26th, 2026 [March 26th, 2026]
- A Commitment to Protecting the Second Amendment - New River Valley News - March 26th, 2026 [March 26th, 2026]
- WY: The Truth about the Wyoming Second Amendment Protection Act! - Gun Owners of America - March 22nd, 2026 [March 22nd, 2026]
- A look at the Traces very interesting new board members - Second Amendment Foundation - March 22nd, 2026 [March 22nd, 2026]
- Celebrating 250 years: the Second Amendment and Ohios frontier legacy - Buckeye Firearms Association - March 22nd, 2026 [March 22nd, 2026]
- SAF WIN: POST OFFICE CARRY BAN INJUNCTION COVERS CURRENT AND FUTURE MEMBERS - Second Amendment Foundation - March 22nd, 2026 [March 22nd, 2026]
- Second Amendment advocate William Kirk in Quincy with a warning to gun owners - Muddy River News - March 17th, 2026 [March 17th, 2026]
- Gordon vetoes Second Amendment Protection Act changes amid concerns from officers - Gillette News Record - March 13th, 2026 [March 13th, 2026]
- Senate 9 Votes Short Of Reversing Gordons Second Amendment Protection Act Veto - Cowboy State Daily - March 13th, 2026 [March 13th, 2026]
- Pro-life, pro-Second Amendment businessman Doug Harwell hopes to bring Christian, conservative values to SD34 - 1819 News - March 9th, 2026 [March 9th, 2026]
- US v Hemani: Supreme Court Continues to Shoot Self In Foot In Second Amendment Cases - Balls and Strikes - March 7th, 2026 [March 7th, 2026]
- Why These Defensive Uses of Firearms Should Disarm Second Amendment Skeptics - The Heritage Foundation - March 7th, 2026 [March 7th, 2026]
- All Wyoming sheriffs oppose Second Amendment Protection Act bill, saying it would have a chilling effect - Casper Star-Tribune - March 4th, 2026 [March 4th, 2026]
- All Wyoming sheriffs oppose Second Amendment Protection Act bill, alleging it would have a chilling effect - Gillette News Record - March 4th, 2026 [March 4th, 2026]
- Second amendment no longer trampled - Gladwin County Record & Beaverton Clarion - March 4th, 2026 [March 4th, 2026]
- Virginia sheriffs push back on proposed gun restrictions, citing Second Amendment rights - WSET - March 4th, 2026 [March 4th, 2026]
- States Move to Defend Federal GunMailing Ban as Debate Over Second Amendment Intensifies - Delaware LIVE News - March 4th, 2026 [March 4th, 2026]
- SAF FILES PETITION FOR REHEARING IN NEW JERSEY 3D PRINTING LAWSUIT - Second Amendment Foundation - March 4th, 2026 [March 4th, 2026]
- The Supreme Court takes on guns and drugs in its latest Second Amendment hearing - MS NOW - March 4th, 2026 [March 4th, 2026]
- Scinai Signs Second Amendment To Pincell Option Agreement And Submits Revised 12 Million Non-Dilutive Feng Application To Advance Pc111 Through Human... - March 4th, 2026 [March 4th, 2026]
- The Second Amendment, protests and the media - The Brookhaven Courier - February 22nd, 2026 [February 22nd, 2026]
- VA Reverses Longstanding Policy, Restoring Due Process and Second Amendment Rights for Veterans - ashlandcountypictures.com - February 22nd, 2026 [February 22nd, 2026]
- Adamiak remains behind bars, guiltless but ignored by the Trump Administration - Second Amendment Foundation - February 22nd, 2026 [February 22nd, 2026]
- Augusta County reaffirms its stance on the Second Amendment - The News Leader | Staunton, VA - February 22nd, 2026 [February 22nd, 2026]
- News - Governor Rhoden to Sign Bill to Protect Second Amendment Rights - South Dakota State News (.gov) - February 14th, 2026 [February 14th, 2026]
- Gov. Rhoden Signs Bill to Protect Second Amendment Rights - South Dakota State News (.gov) - February 14th, 2026 [February 14th, 2026]
- Council reaffirms Second Amendment sanctuary status after 'a lot of confusion' - Lynchburg News and Advance - February 14th, 2026 [February 14th, 2026]
- Talking About the Second Amendment in Schools Initiative - Guns.com - February 14th, 2026 [February 14th, 2026]
- What Happens When the Second Amendment Collides With Public Safety? - DCReport.org - February 14th, 2026 [February 14th, 2026]
- Trump abolishes the Second Amendment - Salon.com - February 14th, 2026 [February 14th, 2026]
- What Does the Second Amendment Really Mean Today? - NBC Palm Springs - February 7th, 2026 [February 7th, 2026]
- Killing of Alex Pretti shows why we need the Second Amendment - The Desert Sun - February 7th, 2026 [February 7th, 2026]
- Trump DOJ decides the Second Amendment only counts when they have the guns - Boing Boing - February 7th, 2026 [February 7th, 2026]
- Gun rights groups and legal experts question Trump administrations stance on the Second Amendment after shooting - CNN - January 26th, 2026 [January 26th, 2026]
- Co-hosts of 'The View' defend Second Amendment's purpose to protect citizens from their government - Fox News - January 26th, 2026 [January 26th, 2026]
- How the Second Amendment intersects with the latest fatal I.C.E. shooting - CNN - January 26th, 2026 [January 26th, 2026]
- REPLY BRIEF FILED WITH SUPREME COURT IN CONNECTICUT FIREARMS BAN LAWSUIT - Second Amendment Foundation - January 26th, 2026 [January 26th, 2026]
- Georgia organizations weigh in on Second Amendment concerns in response to Minnesota ICE shootings - Yahoo - January 26th, 2026 [January 26th, 2026]
- Republicans, pointing to Alex Prettis gun, do an about-face on the Second Amendment - MS NOW - January 26th, 2026 [January 26th, 2026]
- Insane Claim: Conservatives Call Out DHS Second Amendment Hypocrisy Amid Claims Man Shot and Killed Was - Yahoo - January 26th, 2026 [January 26th, 2026]