Clarence Thomas ‘Improbable’ that 2nd Amendment Only Protects Carrying a Gun in Your Home

Clarence Thomas: ‘Improbable’ that 2nd Amendment Only Protects Carrying a Gun in Your Home.

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In his dissent to the Supreme Court of the United State’s (SCOTUS) June 26 announcement that it would not review Peruta v. California, Justice Clarence Thomas contended he finds it “improbable” that the Second Amendment only protects a right to carry a gun in one’s own home.

Peruta has become on the focal point of opposition to California’s “good cause” requirement for issuance of concealed carry permits.

On January 12, 2017, Breitbart News reported that SCOTUS was asked to review Peruta in hopes of securing a ruling in support of the fundamental right to bear arms. Petitioners specifically wanted SCOTUS to rule “whether the Second Amendment entitles ordinary, law-abiding citizens to carry handguns outside the home for self-defense in some manner, including concealed carry when open carry is forbidden by state law.”

But on June 26, SCOTUS announced it would not review the case, thereby leaving the “good cause” requirement for concealed carry in place.

Cornell published the text of Thomas’s dissent, in which he warned that SCOTUS is treating the Second Amendment “as a disfavored right.” He wrote that “the Constitution does not rank certain rights above others;” therefore, SCOTUS ought not adopt a hierarchical ranking for them either.

Moreover, Thomas stressed that SCOTUS missed a perfect opportunity to rule “definitively” to a Ninth Circuit en banc decision that cut against previous SCOTUS rulings and precedent. He wrote:


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