LOWER MERION TWP., Pa. (KYW Newsradio) — The U.S. Supreme Court’s ruling on concealed-carry permits won’t have a direct effect on Pennsylvania laws, but it will likely change how New Jersey handles them.
States could still require concealed-carry permits, however, this would change how they grant them.
“People shouldn’t over-read the implications of this decision, but all the same it’s still significant,” said Villanova University law professor Michael Moreland, who acknowledges that any changes to gun laws can evoke emotion.
“This is an important decision. It's a strong victory for gun rights, but doesn't mean that every kind of restriction on possession or concealed carry and so forth is now going to be unconstitutional.”
Related
Moreland says the decision allows leeway for restrictions like background checks, red flag laws, and prohibiting certain people from possessing guns.
But it says the way New York and a handful of other states, including New Jersey, handle concealed carry permits is unconstitutional.
In most states, including Pennsylvania, which are known as “shall issue states,” as long as an applicant meets specific criteria, like clearing a background check and being over a certain age, the applicant gets the permit.
What this decision says is out of line is the handful of states, including New York and New Jersey, known as “may issue states,” that have been requiring an applicant to explain why they should be allowed to carry a concealed weapon — and then leaving it up to a government official to make the final decision to grant or deny the permit.
“That's what the Supreme Court held today is unconstitutional, that that kind of layer of bureaucratic review, and the kind of discretion that invests in a state official, exceeds what the Second Amendment protects, by way of the right to keep and bear arms,” Moreland said.
Related
N.J. Gov. Phil Murphy and acting Attorney General Matthew Platkin, both Democrats, said they are disappointed by the Supreme Court decision. Murphy said it “will make America a less safe country,” and Platkin said the ruling “recklessly enables violence.”
Meanwhile, the NRA said, “The right to defend yourself … should not end at your home.”