LAL #021 — Concealed Carry in the Era of 'Defund the Police'

Big news!  Next week, Law and Legitimacy will conduct its first guest interview! We'll aim to interview at least one person a week in a long-form format.  If you'd like to be a guest or want to suggest a guest to be interviewed, shoot a note to [email protected]. Put "Law and Legitimacy" in the subject line. Onward . . . I'd prefer to have option to be armed. In an era in which police are being defunded, I'm unprepared to trust the streets or those who roam them. The State of New York's application of its statute requiring individuals seeking a concealed carry permit in order to carry a concealed weapon outside of their home to demonstrate some specified need in order to procure such permit will be reviewed by the United States Supreme Court, in the case of NYS Rifle & Pistol Association v. Corlett. Under current New York law, a person seeking a concealed carry permit must demonstrate "proper cause," for issuance. That is, an individual must affirmatively demonstrate a special need for protection.  Does that violate the Second Amendment's right to bear arms? In a 2008 case, the Court held that individuals have a personal right to bear arms, and this right requires that they be permitted to have weapons in their homes. This right is grounded in the right to self-defense. Corlett will seek to extend the right to self-defense outside the home. Do individuals have the right to defend themselves with a firearm when accosted on a city street? Expect another close call and a bitter debate. As in Heller, the case recognizing the right to bear arms in our homes, opponents of gun rights will argue that public safety requires limitation of gun owners' rights. But as Heller held, public policy debates, even the democratic process itself, is limited by the Bill of Rights. Some issues are simply off the table, as it were. Should gun ownership be? I can see the Court deciding this case in either direction. Yes, individuals should have the right to defend themselves outside the home. It's a simple extension of Heller. On the other hand, leaving the security of our homes entails certain risks, whether armed or not. Given the toll gun violence takes on our society, keeping guns in the home is a necessary compromise. What do you think? --- Support this podcast: https://anchor.fm/norm-pattis/support