JEFFERSON CITY, Mo. – Today, Missouri Attorney General Eric Schmitt scored a major win for Second Amendment rights across the country with the United States Supreme Court ruling in New York State Rifle and Pistol Club v. Bruen. In a 6-3 vote, the Supreme Court declare New York’s subjective-issue, or “may issue,” firearm license regime unconstitutional and reversed the Second Circuit’s decision. Missouri and Arizona led the way in filing an amicus brief in the case in 2021.
“Protecting the Second Amendment rights of citizens in Missouri and across the country is crucial, and that’s why Missouri and Arizona led the way in filing this amicus brief. Today, the United States Supreme Court affirmed what we argued in our amicus brief, that New York’s ‘may issue’ permitting regime is unconstitutional,” said Attorney General Schmitt. “This is a huge win for those seeking firearms licenses for self-defense and the preservation of the Second Amendment as a whole.”
In the majority opinion, authored by Justice Thomas, the Supreme Court affirmed what Missouri and Arizona argued in their amicus brief, that “may issue” permitting regimes are unconstitutional.
Forty-two states have objective-issue permitting regimes, or “Shall Issue” permitting, meaning that an objective set of criteria is reviewed when considering issuing concealed carry or firearm permits. This criteria can be a background check, mental health records check, fingerprinting, knowledge of applicable laws, firearms training, or other requirements. In addition to requiring the above-mentioned objective criteria (e.g. background check, mental health records check, etc.), New York requires that an applicant “demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession.”
As the Supreme Court found today, the Second Amendment provides all the “special need” that law-abiding Americans need to justify carrying a firearm to defend themselves.
The attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming also joined Missouri and Arizona in filing the brief.
The original amicus brief can be found here: https://ago.mo.gov/docs/default-source/press-releases/20-843-tsac-arizona-missouri-et-al.pdf?sfvrsn=e8d56277_2