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Supreme Court to Decide if They Will Review Key Gun Control Legislation this Fall

Gun control advocates secured a major victory when they voted to avoid a filibuster on a landmark gun control bill on Thursday; elsewhere, other gun control legislation might be in hot water.

Supreme Court Justices will meet in private on Friday to discuss adding new cases for the fall term. One of the cases, Kachalsky v. Cacace, is an appeal of a federal court ruling that upheld New York’s gun control laws for carrying concealed weapons in public. The New York law, which is among of the strictest gun control laws in the nation, requires those who carry handguns to show that they have a special need for self-defense.

In the case, five New York residents claimed that the state law violates their Constitutional right to bear arms. The National Rifle Association and 20 states are supporting the appeal.

The Supreme Court’s ruling (if they make one) will decide the ultimate fate of the case. Upholding the appeal will set a precedent telling legislators that the Supreme Court will back similar gun control legislation. On the other hand, overturning the decision will kill the law and put similar laws in California, Hawaii, and New Jersey in jeopardy.

With Michael Bloomberg, Democratic politicians, family members of mass shooting victims, and even President Obama himself campaigning on behalf of stricter gun control laws, support for stricter gun control laws is hard to overlook. Of course, Supreme Court Justices are somewhat removed from the whims of politics – their decision may fly in the face of popular sentiment.

Gun rights advocates have reason to be confident if the case reaches the Supreme Court. The court upheld gun rights in the 2008 District of Columbia v. Heller case. Additionally, the Supreme Court’s primary role is to determine the constitutionality of cases, and the Constitution is rather explicit on the issue of gun rights. This could prove to be a landmark victory for supporters of gun rights. 

Source: Washington Post


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