NEW YORK — A Brooklyn lawmaker appears ready to adapt to a potential Supreme Court decision that could impact the process of getting a concealed carry license in New York.
Assembly Bill 8684 was introduced by Assemblymember Jo Anne Simon (D) back in January. It suggests placing limits on where firearms can be possessed including most public transportation, food, and drink establishments and at gatherings of 15 people or more. The bill has no co-sponsors in either the State Senate or Assembly, which would be necessary to move it forward, but gun advocates and constitutional experts are already signaling the bill may not hold water.
"In most cases where individuals have a constitutional right officials are not allowed to have discretion whether you're able to exercise that right," explained 2 On Your Side Legal Analyst Barry Covert.
"For example, the courts have held that drivers' licenses are *not* issued as a right, I don't have a right to a driver's license but I do have a right to possess weapons under the Second Amendment, so what is the scope of that right?"
The scope of gun ownership has been defined and redefined several times in cases like District of Columbia v. Heller and McDonald v. City of Chicago. An expected ruling from the Supreme Court this spring or as late as June could add a new twist. The justices heard oral arguments for New York State Rifle and Pistol Association v. Bruen in November 2021.
The NYSRPA is challenging whether the state can deny applicants seeking a concealed-carry permit for self-defense, who do not "have a legally recognized reason for wanting to possess or carry a firearm," arguing it violates the Second Amendment. The standard for the majority of states is that you are not a convicted felon or have a history of mental illness.
“We know our rights are not limitless, but the question is how narrow do the regulations upon my rights have to be in order for them to be constitutional,” Covert said.
He used yelling fire in a crowded theater as one example of limits placed on the First Amendment. The NY SAFE Act would be another example, but for the Second Amendment.
Despite the Supreme Court’s conservative majority, Covert also said the justices could offer adaptations to New York’s concealed carry requirements, rather than just striking it down or dismissing the case. University at Buffalo Political Science Professor Shawn Donahue believes however that Assemblymember Simon’s bill could be a way to side step whatever ruling is made.
“This is anticipating there will be an unfavorable ruling against the state on this and wanting to fill in what would be left for the state to do to prohibit concealed firearms in certain locations,” Donahue said.
Without a co-sponsor or companion bill in the Senate it is likely too early to judge A8684, but whether it lives or dies Donahue said will be up to Democratic leaders in Albany.
“The big question is, will you have a lot of folks who are going to say that it's premature that we should wait for a ruling or as Barney Fife used to say 'nip it in the bud,” Donahue said.
“The problem with analyzing whether this type of legislation will be allowed or not is we need to know what the Supreme Court rules because they are probably going to rule on a lot of issues that would pertain to such legislation,” added Covert.
Two requests to speak with Assemblymember Jo Anne Simon prior to this story airing did not receive a response.