Does not terminate license
As noted in the concurring opinion of Justice Brett Kavanaugh (joined by Chief Justice John Roberts), this decision does not erase state licensing requirements. Bullying otherwise doesn’t make it that way.
“Going forward,” Kavanaugh wrote, “the 43 states that use objective self-defense handgun licensing regimes may continue to do so. , including New York, potentially impacted by today’s decision, may continue to require licenses to carry handguns for self-defense as long as those states enforce objective licensing requirements like those used by 43 states that issue licenses.
What’s wrong with that? Well, in his dissent, Breyer wrote, “In my opinion, when courts interpret the Second Amendment, it is constitutionally appropriate, indeed often necessary, that they consider the grave dangers and consequences of gun violence that lead states to regulate firearms. Well, actually, that probably shouldn’t be necessary at all. Rights should not be subject to whims based on people’s misbehavior, and Breyer’s “view” did not prevail.
Later, Breyer complained, “Worse still, gun violence seems to be on the rise. In 2020, the number of gun-related deaths had risen to 45,222, CDC, Fast Facts, or about 25% since 2015. This means that in 2020, an average of about 124 people died from gun violence each day.
No one died from “gun violence”. People have been murdered or committed suicide with a gun, but Breyer is doing what the gun ban lobby does by reflex. It shifts the blame from the aggressor to the firearm.
Breyer advances other arguments. “Think also, he says, of the interactions with the police. The presence of a firearm in the hands of a civilian poses a risk to both officers and civilians. Not to burst anyone’s bubble, but the police are civilian law enforcement.
“Amici prosecutors and police chiefs tell us that most officers who are killed in the line of duty are killed by firearms,” Breyer adds.
According to the National Law Enforcement Memorial and Museum’s preliminary year-end report on law enforcement deaths in 2021, there were 458 total law enforcement deaths last year, including 301 were linked to COVID-19. Of the rest, 62 were firearm-related and 58 were traffic-related.