meta_pixel
Tapesearch Logo
Log in
We the People

Is There a Constitutional Right to Transport a Gun?

We the People

National Constitution Center

News Commentary, News, History

4.61.1K Ratings

🗓️ 5 December 2019

⏱️ 58 minutes

🧾️ Download transcript

Summary

On Monday, the Supreme Court heard the case New York Rifle and Pistol Association v. the City of New York which centers around a New York City gun regulation prohibiting residents from taking their guns to second homes and shooting ranges outside the city. After New York’s NRA affiliate and some gun-owning residents challenged the regulation, New York changed it – raising the question of whether this case is now “moot.” Explaining the “mootness” issue and diving into the legal and practical implications of the case – Second Amendment experts Darrell Miller of the Duke Center for Firearms Law and Clark Neily of Cato join host Jeffrey Rosen. They discuss the history, text, and tradition of the Second Amendment, what the right to “bear arms” really means, and how the Court should decide its first major Second Amendment case in almost a decade. Here’s some vocabulary that may be helpful to know this week:  Mootness: A case becomes moot if the controversy that was present at the start of litigation no longer exists.  Judicial review doctrines: A judicial review test is what courts use to determine the constitutionality of a statute or ordinance. There are three main levels in constitutional law:  Strict scrutiny: For a law to survive a court’s review under strict scrutiny, it must be narrowly tailored to achieve a compelling government interest. Intermediate Scrutiny: A level down from strict scrutiny. The law must be substantially related to an important government interest. Rational basis: The most deferential kind of review. The law must be rationally related to a legitimate government interest. Special thanks to the Duke Center for Firearms Law. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

Click on a timestamp to play from that location

0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:07.7

to We The People, a weekly show of constitutional debate.

0:11.4

The National Constitution Center is a nonpartisan nonprofit chartered by Congress

0:16.2

to increase awareness and understanding of the Constitution among the American people.

0:21.1

Today we'll dive into the Supreme Court case, New York Rifle and Pistol Association

0:27.9

versus the city of New York.

0:31.3

This is the first major second amendment case that the court has taken for some time.

0:35.8

It focuses on a New York City gun regulation that forbade, or forbids depending on your point

0:42.2

of view, residents from taking their guns to

0:44.4

second homes and shooting ranges outside of the city. Remember dear where the

0:48.6

people listeners we discussed this case over the summer when the court

0:51.6

agreed to hear it.

0:53.2

Yesterday, the Supreme Court heard oral arguments and today we will review those arguments

0:58.8

and discuss the potential constitutional implications of the case. I'm thrilled to be joined by two of America's

1:05.8

leading experts on the Second Amendment. Clark Neely is Vice President for Criminal

1:10.3

Justice at the Cato Institute and an adjunct professor at the University of Texas School of Law.

1:15.0

Clark served as co-counsel in the Landmark Second Amendment case District of Columbia

1:21.0

v Heller and his colleagues at the Cato Center for

1:24.3

Constitutional Studies filed a brief in the New York case. Clark it is wonderful to have you

1:28.6

back on the show. I'm so happy to be back, thank you. And Darrell Miller is Melvin G. Shim professor of law Duke and co-director of the Duke Center for Firearms

1:38.9

Law. With Joseph Blocker, he's the author of the Positive Second Amendment,

1:43.8

Rights, Regulation, and the Future of Heller.

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from National Constitution Center, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of National Constitution Center and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.