Is There a Constitutional Right to Concealed Carry?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 28 October 2021

⏱️ 64 minutes

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Summary

On November 3, the U.S. Supreme Court will hear oral arguments in New York State Rifle in Pistol Association Inc. V. Bruen. The case was brought by two men who were denied New York concealed carry permits, along with New York’s National Rifle Association affiliate, against the superintendent of the New York State Police, Kevin Bruen. The lawsuit challenges a provision of New York’s law regarding concealed carry permits—which allow owners to carry guns in public in a concealed manner—requiring anyone who does not automatically qualify for a permit (including some state judges, correctional facilities employees, and others) to show that they have “proper cause” for the permit in order to receive one. On this week’s episode, host Jeffrey Rosen is joined by two legal scholars who filed briefs on opposing sides of the case—Judge J. Michael Luttig who filed in support of Bruen, and David Kopel who filed in support of the New York State Rifle and Pistol Association. They detail the arguments they made in their briefs as well as what’s at stake in this case, and debate how to interpret the text, history, and meaning of the Second Amendment in light of whether the Court should uphold the New York law. Additional resources and transcripts available at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	Hello friends. I'm Jeffrey Rosen, president and CEO of the National
0:06.4	Constitution Center and welcome to We The People, a weekly show of
0:09.8	constitutional debate. The National Constitution Center is a nonpartisan nonprofit
0:15.4	chartered by Congress to increase awareness and understanding of the Constitution
0:20.2	among the American people.
0:21.9	On November 3rd, the Supreme Court will hear the Second Amendment case, New York State Rifle
0:26.4	and Pistol Association versus Bruin.
0:29.7	The question in the case is whether states can deny people the right to conceal carry a weapon outside the home.
0:36.1	On today's episode I'm thrilled to be joined by two of America's leading commentators on the Second Amendment who have written important
0:44.3	briefs on opposite sides of the case. David B. Koppel submitted a brief in
0:49.8	support of the New York State Rifle and Pistol Association.
0:53.0	He is research director at the Independence Institute,
0:56.5	an adjunct scholar with the Cato Institute,
0:59.5	and an adjunct professor of constitutional law
1:01.5	at the University of Denver Strum College of Law.
1:04.5	He's the author of the forthcoming case book, Firearms Law and the Second Amendment, and was part
1:09.8	of the team that argued the landmark second amendment case District of Columbia
1:14.7	versus Heller. David, it is wonderful to have you on the show.
1:18.7	Thank you very much for having me. It's a the whole program the Constitution Center does is very good for for civic virtue and the continuation of our constitutional republic.
1:31.0	And Judge J Michael Ludig wrote a brief in support of Kevin Bruin, superintendent of the New York State
1:36.7	police.
1:37.7	He is currently counselor and special advisor at the Coca-Cola Company.
	...

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