6 NEW YORK STATE RIFLE & PISTOL ASSN., INC. v. BRUEN
Syllabus
(v) Finally, respondents point to the slight uptick in gun regu-
lation during the late-19th century. As the Court suggested in Heller,
however, late-19th-century evidence cannot provide much insight into
the meaning of the Second Amendment when it contradicts earlier ev-
idence. In addition, the vast majority of the statutes that respondents
invoke come from the Western Territories. The bare existence of these
localized restrictions cannot overcome the overwhelming evidence of
an otherwise enduring American tradition permitting public carry.
See Heller, 554 U. S., at 614. Moreover, these territorial laws were
rarely subject to judicial scrutiny, and absent any evidence explaining
why these unprecedented prohibitions on all public carry were under-
stood to comport with the Second Amendment, they do little to inform
“the origins and continuing significance of the Amendment.” Ibid.; see
also The Federalist No. 37, p. 229. Finally, these territorial re-
strictions deserve little weight because they were, consistent with the
transitory nature of territorial government, short lived. Some were
held unconstitutional shortly after passage, and others did not survive
a Territory’s admission to the Union as a State. Pp. 58–62.
(vi) After reviewing the Anglo-American history of public carry,
the Court concludes that respondents have not met their burden to
identify an American tradition justifying New York’s proper-cause re-
quirement. Apart from a few late-19th-century outlier jurisdictions,
American governments simply have not broadly prohibited the public
carry of commonly used firearms for personal defense. Nor have they
generally required law-abiding, responsible citizens to “demonstrate a
special need for self-protection distinguishable from that of the general
community” to carry arms in public. Klenosky, 75 App. Div. 2d, at 793,
428 N. Y. S. 2d, at 257. P. 62.
(c) The constitutional right to bear arms in public for self-defense is
not “a second-class right, subject to an entirely different body of rules
than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780
(plurality opinion). The exercise of other constitutional rights does not
require individuals to demonstrate to government officers some special
need. The Second Amendment right to carry arms in public for self-
defense is no different. New York’s proper-cause requirement violates
the Fourteenth Amendment by preventing law-abiding citizens with
ordinary self-defense needs from exercising their right to keep and
bear arms in public. Pp. 62–63.
818 Fed. Appx. 99, reversed and remanded.
THOMAS , J., delivered the opinion of the Court, in which ROBERTS , C. J.,
and ALITO , G ORSUCH, K AVANAUGH, and BARRETT , JJ., joined. ALITO, J.,
filed a concurring opinion. KAVANAUGH, J., filed a concurring opinion, in
which ROBERTS , C. J., joined. BARRETT , J., filed a concurring opinion.
BREYER, J., filed a dissenting opinion, in which SOTOMAYOR and K AGAN,
JJ., joined

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1Cite as: 597 U. S. ____ (2022)
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
preliminary print of the United States Reports. Readers are requested to
notify the Reporter of Decisions, Supreme Court of the United States, Wash-
ington, D. C. 20543, of any typographical or other formal errors, in order that
corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
No. 20–843
NEW YORK STATE RIFLE & PISTOL ASSOCIATION,
INC., ET AL ., PETITIONERS v. KEVIN P. BRUEN, IN
HIS OFFICIAL CAPACITY AS SUPERINTENDENT
OF NEW YORK STATE POLICE, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT
[June 23, 2022]
J USTICE THOMAS delivered the opinion of the Court.
In District of Columbia v. Heller, 554 U. S. 570 (2008),
and McDonald v. Chicago, 561 U. S. 742 (2010), we recog-
nized that the Second and Fourteenth Amendments protect
the right of an ordinary, law-abiding citizen to possess a
handgun in the home for self-defense. In this case, petition-
ers and respondents agree that ordinary, law-abiding citi-
zens have a similar right to carry handguns publicly for
their self-defense. We too agree, and now hold, consistent
with Heller and McDonald, that the Second and Fourteenth
Amendments protect an individual’s right to carry a hand-
gun for self-defense outside the home.
The parties nevertheless dispute whether New York’s li-
censing regime respects the constitutional right to carry
handguns publicly for self-defense. In 43 States, the gov-
ernment issues licenses to carry based on objective criteria.
But in six States, including New York, the government fur-
ther conditions issuance of a license to carry on a citizen’s
showing of some additional special need. Because the State

of New York issues public-carry licenses only when an ap-
plicant demonstrates a special need for self-defense, we con-
clude that the State’s licensing regime violates the Consti-
tution.
I
A
New York State has regulated the public carry of hand-
guns at least since the early 20th century. In 1905, New
York made it a misdemeanor for anyone over the age of 16
to “have or carry concealed upon his person in any city or
village of [New York], any pistol, revolver or other firearm
without a written license . . . issued to him by a police mag-
istrate.” 1905 N. Y. Laws ch. 92, §2, pp. 129–130; see also
1908 N. Y. Laws ch. 93, §1, pp. 242–243 (allowing justices
of the peace to issue licenses). In 1911, New York’s “Sulli-
van Law” expanded the State’s criminal prohibition to the
possession of all handguns—concealed or otherwise—with-
out a government-issued license. See 1911 N. Y. Laws ch.
195, §1, p. 443. New York later amended the Sullivan Law
to clarify the licensing standard: Magistrates could “issue
to [a] person a license to have and carry concealed a pistol
or revolver without regard to employment or place of pos-
sessing such weapon” only if that person proved “good
moral character” and “proper cause.” 1913 N. Y. Laws ch.
608, §1, p. 1629.
Today’s licensing scheme largely tracks that of the early
1900s. It is a crime in New York to possess “any firearm”
without a license, whether inside or outside the home, pun-
ishable by up to four years in prison or a $5,000 fine for a
felony offense, and one year in prison or a $1,000 fine for a
misdemeanor. See N. Y. Penal Law Ann. §§265.01–b (West
2017), 261.01(1) (West Cum. Supp. 2022), 70.00(2)(e) and
(3)(b), 80.00(1)(a) (West 2021), 70.15(1), 80.05(1). Mean-
while, possessing a loaded firearm outside one’s home or
place of business without a license is a felony punishable by

3Cite as: 597 U. S. ____ (2022)
Opinion of the Court
up to 15 years in prison. §§265.03(3) (West 2017),
70.00(2)(c) and (3)(b), 80.00(1)(a).
A license applicant who wants to possess a firearm at
home (or in his place of business) must convince a “licensing
officer”—usually a judge or law enforcement officer—that,
among other things, he is of good moral character, has no
history of crime or mental illness, and that “no good cause
exists for the denial of the license.” §§400.00(1)(a)–(n)
(West Cum. Supp. 2022). If he wants to carry a firearm
outside his home or place of business for self-defense, the
applicant must obtain an unrestricted license to “have and
carry” a concealed “pistol or revolver.” §400.00(2)(f ). To
secure that license, the applicant must prove that “proper
cause exists” to issue it. Ibid. If an applicant cannot make
that showing, he can receive only a “restricted” license for
public carry, which allows him to carry a firearm for a lim-
ited purpose, such as hunting, target shooting, or employ-
ment. See, e.g., In re O’Brien, 87 N. Y. 2d 436, 438–439, 663
N. E. 2d 316, 316–317 (1996); Babernitz v. Police Dept. of
City of New York, 65 App. Div. 2d 320, 324, 411 N. Y. S. 2d
309, 311 (1978); In re O’Connor, 154 Misc. 2d 694, 696–698,
585 N. Y. S. 2d 1000, 1003 (Westchester Cty. 1992).
No New York statute defines “proper cause.” But New
York courts have held that an applicant shows proper cause
only if he can “demonstrate a special need for self-protection
distinguishable from that of the general community.” E.g.,
In re Klenosky, 75 App. Div. 2d 793, 428 N. Y. S. 2d 256, 257
(1980). This “special need” standard is demanding. For ex-
ample, living or working in an area “ ‘noted for criminal ac-
tivity’ ” does not suffice. In re Bernstein, 85 App. Div. 2d
574, 445 N. Y. S. 2d 716, 717 (1981). Rather, New York
courts generally require evidence “of particular threats, at-
tacks or other extraordinary danger to personal safety.”
In re Martinek, 294 App. Div. 2d 221, 222, 743 N. Y. S. 2d
80, 81 (2002); see also In re Kaplan, 249 App. Div. 2d 199,
201, 673 N. Y. S. 2d 66, 68 (1998) (approving the New York

4 NEW YORK STATE RIFLE & PISTOL ASSN., INC. v. BRUEN
Opinion of the Court
City Police Department’s requirement of “ ‘extraordinary
personal danger, documented by proof of recurrent threats
to life or safety’ ” (quoting 38 N. Y. C. R. R. §5–03(b))).
When a licensing officer denies an application, judicial re-
view is limited. New York courts defer to an officer’s appli-
cation of the proper-cause standard unless it is “arbitrary
and capricious.” In re Bando, 290 App. Div. 2d 691, 692,
735 N. Y. S. 2d 660, 661 (2002). In other words, the decision
“must be upheld if the record shows a rational basis for it.”
Kaplan, 249 App. Div. 2d, at 201, 673 N. Y. S. 2d, at 68. The
rule leaves applicants little recourse if their local licensing
officer denies a permit.
New York is not alone in requiring a permit to carry a
handgun in public. But the vast majority of States—43 by
our count—are “shall issue” jurisdictions, where authorities
must issue concealed-carry licenses whenever applicants
satisfy certain threshold requirements, without granting li-
censing officials discretion to deny licenses based on a per-
ceived lack of need or suitability.1 Meanwhile, only six
——————
1 See Ala. Code §13A–11–75 (Cum. Supp. 2021); Alaska Stat.
§18.65.700 (2020); Ariz. Rev. Stat. Ann. §13–3112 (Cum. Supp. 2021);
Ark. Code Ann. §5–73–309 (Supp. 2021); Colo. Rev. Stat. §18–12–206
(2021); Fla. Stat. §790.06 (2021); Ga. Code Ann. §16–11–129 (Supp.
2021); Idaho Code Ann. §18–3302K (Cum. Supp. 2021); Ill. Comp. Stat.,
ch. 430, §66/10 (West Cum. Supp. 2021); Ind. Code §35–47–2–3 (2021);
Iowa Code §724.7 (2022); Kan. Stat. Ann. §75–7c03 (2021); Ky. Rev. Stat.
Ann. §237.110 (Lexis Cum. Supp. 2021); La. Rev. Stat. Ann. §40:1379.3
(West Cum. Supp. 2022); Me. Rev. Stat. Ann., Tit. 25, §2003 (Cum. Supp.
2022); Mich. Comp. Laws §28.425b (2020); Minn. Stat. §624.714 (2020);
Miss. Code Ann. §45–9–101 (2022); Mo. Rev. Stat. §571.101 (2016); Mont.
Code Ann. §45–8–321 (2021); Neb. Rev. Stat. §69–2430 (2019); Nev. Rev.
Stat. §202.3657 (2021); N. H. Rev. Stat. Ann. §159:6 (Cum. Supp. 2021);
N. M. Stat. Ann. §29–19–4 (2018); N. C. Gen. Stat. Ann. §14–415.11
(2021); N. D. Cent. Code Ann. §62.1–04–03 (Supp. 2021); Ohio Rev. Code
Ann. §2923.125 (2020); Okla. Stat., Tit. 21, §1290.12 (2021); Ore. Rev.
Stat. §166.291 (2021); 18 Pa. Cons. Stat. §6109 (Cum. Supp. 2016); S. C.
Code Ann. §23–31–215(A) (Cum. Supp. 2021); S. D. Codified Laws §23–
7–7 (Cum. Supp. 2021); Tenn. Code Ann. §39–17–1366 (Supp. 2021); Tex.
Govt. Code Ann. §411.177 (West Cum. Supp. 2021); Utah Code §53–5–

5Cite as: 597 U. S. ____ (2022)
Opinion of the Court
States and the District of Columbia have “may issue” licens-
ing laws, under which authorities have discretion to deny
concealed-carry licenses even when the applicant satisfies
the statutory criteria, usually because the applicant has not
demonstrated cause or suitability for the relevant license.
Aside from New York, then, only California, the District of
Columbia, Hawaii, Maryland, Massachusetts, and New
——————
704.5 (2022); Va. Code Ann. §18.2–308.04 (2021); Wash. Rev. Code
§9.41.070 (2021); W. Va. Code Ann. §61–7–4 (2021); Wis. Stat. §175.60
(2021); Wyo. Stat. Ann. §6–8–104 (2021). Vermont has no permitting
system for the concealed carry of handguns. Three States—Connecticut,
Delaware, and Rhode Island—have discretionary criteria but appear to
operate like “shall issue” jurisdictions. See Conn. Gen. Stat. §29–28(b)
(2021); Del. Code, Tit. 11, §1441 (2022); R. I. Gen. Laws §11–47–11
(2002). Although Connecticut officials have discretion to deny a
concealed-carry permit to anyone who is not a “suitable person,” see
Conn. Gen. Stat. §29–28(b), the “suitable person” standard precludes
permits only to those “individuals whose conduct has shown them to be
lacking the essential character of temperament necessary to be entrusted
with a weapon.” Dwyer v. Farrell, 193 Conn. 7, 12, 475 A. 2d 257, 260
(1984) (internal quotation marks omitted). As for Delaware, the State
has thus far processed 5,680 license applications and renewals in fiscal
year 2022 and has denied only 112. See Del. Courts, Super. Ct., Carrying
Concealed Deadly Weapon (June 9, 2022), https://courts.delaware.gov/
forms/download.aspx?ID=125408. Moreover, Delaware appears to have
no licensing requirement for open carry. Finally, Rhode Island has a
suitability requirement, see R. I. Gen. Laws §11–47–11, but the Rhode
Island Supreme Court has flatly denied that the “[d]emonstration of a
proper showing of need” is a component of that requirement. Gadomski
v. Tavares, 113 A. 3d 387, 392 (2015). Additionally, some “shall issue”
jurisdictions have so-called “constitutional carry” protections that allow
certain individuals to carry handguns in public within the State without
any permit whatsoever. See, e.g., A. Sherman, More States Remove Per-
mit Requirement To Carry a Concealed Gun, PolitiFact (Apr. 12, 2022),
https://www.politifact.com/article/2022/apr/12/more-states-remove-per-
mit-requirement-carry-concea/ (“Twenty-five states now have permitless
concealed carry laws . . . The states that have approved permitless carry
laws are: Alabama, Alaska, Arizona, Arkansas, Idaho, Indiana, Iowa,
Georgia, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New
Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee,
Texas, Utah, Vermont, West Virginia, and Wyoming”).