Guns: Supreme Court may bolster Second Amendment in New York case

Richard WolfWASHINGTON – The Supreme Court may be on the verge of expanding gun rights for the first time in nearly a decade. What's surprising is how it got there.

"This would be a strange case in which to go big," says Joseph Blocher, a professor at Duke University School of Law and co-director of the Duke Center for Firearms Law."Yet the stakes going forward are potentially huge." The trend has frustrated gun rights groups as well as conservative justices who say federal and state court judges are not applying a stringent test to most gun restrictions.Silencers:Supreme Court won't hear challenge to California's waiting period for gun purchases

Gun control groups such as Brady, Everytown for Gun Safety and the Giffords Law Center to Prevent Gun Violence feared something else: a decision that would expand public carry rights elsewhere, including in nine states that give law enforcement officials discretion to deny licenses. Those are California, New York, New Jersey, Massachusetts, Maryland, Connecticut, Rhode Island, Delaware and Hawaii.

“The NRA has been looking for a way to get the Supreme Court to endorse its dangerously extreme view of the Second Amendment,” says Eric Tirschwell, managing director of litigation at Everytown for Gun Safety."It hasn't succeeded, but in this case a newly constituted Supreme Court seems to be opening the door, at least a little. The stakes could not be higher."Despite the losses in lower courts, the gun lobby doesn't have it so bad.

If conservatives have their way, the court could extend Second Amendment rights beyond the home, or simply require that lower court judges demand more specific justifications for state and local restrictions.

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