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Supreme Court to Decide Landmark Gun Rights Case: NYS Rifle & Pistol Assoc. v. Corlett

Updated: Feb 12, 2024


In the United States, few things spark more passionate debate than gun rights and gun control measures. When it comes to the right to carry a handgun outside the home, for the most part, the states can be broken into three categories: Constitutional Carry states, Shall Issue states, and May Issue states. In Constitutional Carry states typically, anyone over the age of 21 can carry a pistol. There are limited exceptions to who can carry, but no prior training or permit is required for an individual to carry a concealed pistol. Most of these states also issue permits. There are now 21 Constitutional Carry states, such as Texas, Tennessee, and Arizona.

Right to Carry or Shall Issue states, such as Florida, require permits to carry a pistol outside the home. Provided the applicant for a pistol license passes a background check and certain other prerequisites, these states shall issue the permit. However, May Issue states such as New York require an applicant to show special cause to carry a gun for protection outside the home beyond a generalized desire to protect oneself. A person has to show, for example, threats against their life, or that they own a business dealing in large amounts of cash.

In this case, the two petitioners are individuals whose applications for permits were denied based upon an alleged lack of such special need. This fall, the Supreme Court will decide whether New York's requirement for special cause to carry a gun outside the home violates the Second Amendment. And this decision will have far reaching consequences. If the petitioners win, for example, there is a chance that all May Issue states (New York, New Jersey, etc.), will by default become Shall Issue states.

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