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Constitutional law professor Jonathan Turley said the Supreme Court’s 6-3 ruling in favor of gun owners in a New York case is ‘momentous’ for the Second Amendment. On “America’s Newsroom” Thursday, Turley explained that the court emphasized that the Second Amendment is to be treated as an American’s individual right as the Bill of Rights guarantees.
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JONATHAN TURLEY: This is a momentous decision for gun rights advocates and for the Second Amendment. … Most importantly, the Court rejects a two-part test for looking at limitations on gun rights. And stresses you need to presume that people have a right to exercise individual rights like gun possession. And that means that you can’t put the sort of thumb on the scale as New York did here and say, ‘show us that you have proper cause, including moral standing to have a gun.’ And what the court really hammers at is that this would not be tolerated with other rights in the Bill of Rights. And there is a tendency among some judges and many legal analysts to treat the Second Amendment as something less than an individual right. And what Justice Thomas is saying here is that this is an individual right with the other rights in the Bill of Rights. And we don’t like shifting the burden to people to say, ‘prove you need to use this right.’
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