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New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/054-new-york-state-rifle-pistol-association-v-bruen

Official text (slip opinion, Supreme Court of the United States): https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

New York required anyone seeking a license to carry a handgun in public to show "proper cause," meaning a special need for self-protection distinguishable from that of the general community. Robert Nash and Brandon Koch, two law-abiding adults, were denied unrestricted licenses because they could not show such a need.

Justice Thomas, for a six-to-three majority, held that the Second Amendment protects the right to carry a handgun for self-defense outside the home, and struck down the proper-cause requirement. More importantly, he rejected the two-step means-end test lower courts had used since Heller. Instead, when the Amendment's text covers conduct, the government must justify its regulation by showing that it is consistent with the nation's historical tradition of firearm regulation.

Justice Alito, Justice Kavanaugh, joined by the Chief Justice, and Justice Barrett concurred. Justice Breyer dissented, opening with statistics on gun violence and arguing that judges are poorly equipped to do the historical work the test demands. Lower courts have been arguing over historical analogues ever since.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- McDonald v. Chicago, 561 U.S. 742 (2010) [as printed: McDonald v. Chicago, 561 U. S. 742 (2010); Dissent (Justice Breyer)] (episode link pending)

- District of Columbia v. Heller, 554 U.S. 570 (2008) at 629 [as printed: District of Columbia v. Heller, 554 U. S. 570, 629 (2008); Dissent (Justice Breyer)] episode

- 2017. Compare Gould v. Morgan, 907 F.3d 659 (CA1 2018) at 677 [as printed: 2017. Compare Gould v. Morgan, 907 F. 3d 659, 677 (CA1 2018); Opinion of the Court (Justice Thomas)] (episode link pending)

- Drake v. Filko, 724 F.3d 426 (CA3 2013) at 442 (Hardiman, J., dissenting) [as printed: Drake v. Filko, 724 F. 3d 426, 442 (CA3 2013) (Hardiman, J., dissenting); Opinion of the Court (Justice Thomas)] (episode link pending)

- Young v. Hawaii, 992 F.3d 765 (CA9 2021) at 784–785 (collecting cases) [as printed: Young v. Hawaii, 992 F. 3d 765, 784–785 (CA9 2021) (collecting cases); Dissent (Justice Breyer)] (episode link pending)

- Wrenn v. District of Columbia, 864 F.3d 650 (CADC 2017) at 668 [as printed: Wrenn v. District of Columbia, 864 F. 3d 650, 668 (CADC 2017); Opinion of the Court (Justice Thomas)] (episode link pending)

- Konigsberg v. State Bar of Cal., 366 U.S. 36 (1961) at 50, n. 10 [as printed: Konigsberg v. State Bar of Cal., 366 U. S. 36, 50, n. 10 (1961); Opinion of the Court (Justice Thomas)] (episode link pending)

(+54 more named aloud; see the website)

Full list of 470 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/054-new-york-state-rifle-pistol-association-v-bruen