How Can We Balance Public Safety (Community Rights) and Second Amendment (Individual Rights)?

Balancing Second Amendment and Public Safety

Should SCOTUS uphold New York State Rifle & Pistol Association, Inc., v. Kevin P. Bruen, it will affirm that states (New York) are at liberty to enact gun legislation to ensure public safety for their residents.

This holding will be consistent with Jacobson and Slaughter-House Cases in states’ ability to manage their local affairs; public safety; thus, affirming the 10th Amendment.

This will further corroborate 14th Amendment that state citizenship still binds state residents to regulations enacted by the state, city, and local authorities to ensure public safety. As argued in McDonald’s v Chicago, in resolving gun violence endemic, “states should be able to tailor firearm regulations to local conditions.”

The city of Chicago is one of few cities plagued with gun violence. Local, city and state governments have a more “intimate understanding” of local or state problems hence are most equipped to develop gun regulation policy rather than federal courts in Washington that are too detached from local conditions.

The right course of action is upholding the New York requirement for a proper cause for any individual wanting to wield a gun, whether open or concealed in public places, while retaining loose requirements for those in rural areas, shooting ranges, or hunting expeditions.

This holding will further prevent the Supreme Court from being forced to determine which New York location constitutes a “sensitive” public place. The arduous task of preparing a comprehensive list of safe places where guns should be banned could servile the Court for decades to come.

Besides, choosing to lean on developing a list based on the number of people who frequent those places will be a categorical error as population distribution frequently changes based on weather, social events, economic developments, lockdowns, and internal migrations. Thus, requiring the Supreme Court Judges to continually update the list of sensitive public places.

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Samson Writing

Samson Writing

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