Is There a Constitutional Right to Concealed Carry?

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On November 3, the U.S. Supreme Court will hear oral arguments in New York State Rifle in Pistol Association Inc. V. Bruen. The case was brought by two men who were denied New York concealed carry permits, along with New York’s National Rifle Association affiliate, against the superintendent of the New York State Police, Kevin Bruen. The lawsuit challenges a provision of New York’s law regarding concealed carry permits—which allow owners to carry guns in public in a concealed manner—requiring anyone who does not automatically qualify for a permit (including some state judges, correctional facilities employees, and others) to show that they have “proper cause” for the permit in order to receive one.

On this week’s episode, host Jeffrey Rosen is joined by two legal scholars who filed briefs on opposing sides of the case—Judge J. Michael Luttig who filed in support of Bruen, and David Kopel who filed in support of the New York State Rifle and Pistol Association. They detail the arguments they made in their briefs as well as what’s at stake in this case, and debate how to interpret the text, history, and meaning of the Second Amendment in light of whether the Court should uphold the New York law.

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