Kavanaugh said the states with the strictest licensing requirements can continue to restrict these permits if the criteria are in line with those of “shall-issue” states. Thursday’s ruling, he said, affects only the discretionary licensing regimes, aka “may-issue” regimes. Justice Brett Kavanaugh noted in Thursday’s concurring opinion that 43 states, which have “shall-issue” licensing regimes, are not prohibited from imposing licensing requirements. Lawmakers could also look at other permit requirements such as background checks. The justices said Thursday that the New York law is in conflict with the Second Amendment’s right to bear armsĪs for New York, where Hochul and other state leaders have already vowed to take action in response to the Court’s decision, Waldman said legislators may try to respond by limiting the locations where people can carry these weapons, like the subway, schools or Times Square. Similarly in these other “may-issue” states - though each state law employs a different approach - local officials can decide whether or not the individual should be allowed to carry a concealed weapon. Under New York’s law, in place since 1913, residents were required to show proper cause to carry a concealed weapon in public for self-defense. His book, “The Second Amendment: A Biography,” was cited in Justice Stephen Breyer’s dissent. “The states will have to move to what’s called a ‘shall-issue’ rather than ‘may-issue’ system, meaning that you get to apply for it, you don’t need to have personal, specific needs, like I was threatened or I’m a security guard,” Michael Waldman, the president of the Brennan Center for Justice at NYU Law, said.
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