The dissent continued: New York State requires individuals to obtain a license in order to carry a concealed handgun in public. N. Y. Penal Law Ann. §400.00(2) (West Cum. Supp. 2022). I address the specifics of that licensing regime in greater detail in Part II–B below. Because, at this stage in the proceedings, the parties […]

Justice Breyer continued: Firearm-related homicides and assaults are significantly more common in urban areas than rural ones. For example, from 1999 to 2016, 89.8% of the 213,175 firearm-related homicides in the United States occurred in “metropolitan” areas. M. Siegel et al., The Impact of State Firearm Laws on Homicide Rates in Suburban and Rural Areas […]

The dissent continued: There is, of course, another side to the story. I am not simply saying that “guns are bad.” See ante, at 8 (ALITO, J., concurring). Some Americans use guns for legitimate purposes, such as sport (e.g., hunting or target shooting), certain types of employment (e.g., as a private security guard), or self-defense. […]

Justice Breyer continued: Or domestic disputes: Another study found that a woman is five times more likely to be killed by an abusive partner if that partner has access to a gun. Brief for Educational Fund 8 (citing A. Zeoli, R. Malinski, & B. Turchan, Risks and Targeted Interventions: Firearms in Intimate Partner Violence, 38 […]

The dissent continued: And mass shootings are just one part of the problem. Easy access to firearms can also make many other aspects of American life more dangerous. Consider, for example, the effect of guns on road rage. In 2021, an average of 44 people each month were shot and either killed or wounded in […]

The dissent continued: The dangers posed by firearms can take many forms. Newspapers report mass shootings occurring at an entertainment district in Philadelphia, Pennsylvania (3 dead and 11 injured); an elementary school in Uvalde, Texas (21 dead); a supermarket in Buffalo, New York (10 dead and 3 injured); a series of spas in Atlanta, Georgia […]

Justice Breyer continued: Unsurprisingly, the United States also suffers a disproportionately high rate of firearm-related deaths and injuries. Cf. Brief for Educational Fund To Stop Gun Violence et al. as Amici Curiae 17–18 (Brief for Educational Fund) (citing studies showing that, within the United States, “states that rank among the highest in gun ownership also […]

The dissent continued: Only by ignoring an abundance of historical evidence supporting regulations restricting the public carriage of firearms can the Court conclude that New York’s law is not “consistent with the Nation’s historical tradition of firearm regulation.” See ante, at 15. In my view, when courts interpret the Second Amendment, it is constitutionally proper, […]

In Bruen, Justice Breyer filed a dissenting opinion. He was joined by Justices Sotomayor and Kagan. Since state constitutions can provide Second Amendment rights beyond those proved by the federal constitution, the dissent in cases like this often write to inform state courts on how they can reach a different conclusion than the federal Supreme […]

Guided by these fundamental principles, and predicated on the role the Legislature has in our tripartite system of government, if the Legislature intended to hold a defendant responsible based upon the number of victims of the accident, and not for the singular act of fleeing the scene, then it is incumbent upon the Legislature to […]