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...can, and must, apply to circumstances beyond those the Founders spe-
cifically anticipated, even though its meaning is fixed according to the
understandings of those who ratified it. See, e.g., United States v.
Jones, 565 U. S. 400, 404–405. Indeed, the Court recognized in Heller
at least one way in which the Second Amendment’s historically fixed
meaning applies to new circumstances: Its reference to “arms” does not
apply “only [to] those arms in existence in the 18th century.” 554 U. S.,
at 582.
(1) It is undisputed that petitioners Koch and Nash—two ordi-
nary, law-abiding, adult citizens—are part of “the people” whom the
Second Amendment protects. See Heller, 554 U. S., at 580. And no
party disputes that handguns are weapons “in common use” today for
self-defense. See id., at 627. The Court has little difficulty concluding
also that the plain text of the Second Amendment protects Koch’s and
Nash’s proposed course of conduct—carrying handguns publicly for
self-defense. Nothing in the Second Amendment’s text draws a
home/public distinction with respect to the right to keep and bear
arms, and the definition of “bear” naturally encompasses public carry.
Moreover, the Second Amendment guarantees an “individual right to
possess and carry weapons in case of confrontation,” id., at 592, and
confrontation can surely take place outside the home. Pp. 23–24
(2) The burden then falls on respondents to show that New York’s
proper-cause requirement is consistent with this Nation’s historical
tradition of firearm regulation. To do so, respondents appeal to a va-
riety of historical sources from the late 1200s to the early 1900s. But
when it comes to interpreting the Constitution, not all history is cre-
ated equal. “Constitutional rights are enshrined with the scope they
were understood to have when the people adopted them.” Heller, 554
U. S., at 634–635. The Second Amendment was adopted in 1791; the
Fourteenth in 1868. Historical evidence that long predates or post-dates either time may not illuminate the scope of the right. With these
principles in mind, the Court concludes that respondents have failed
to meet their burden to identify an American tradition justifying New
York’s proper-cause requirement. Pp. 24–62
這裡其實把CCW這些都拒了. 沒有家裡跟家外的區別, 那家裡不要CCW, 家外也不要. 1791 - 1868 不須要CCW, 那今天要CCW也違
憲.
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发表于 2022-6-23 09:07
发表于 2022-6-23 12:22
