During the arguments in New York State Rifle & Pistol Association v. Bruen, New York Solicitor General Barbara Underwood defended the fact that officials more strictly apply the discretionary framework to residents in urban areas of the state, who receive carry permits at disproportionately far lower rates than residents in more rural areas.
Underwood explained that this was a perfectly reasonable display of discretion, as residents in more densely populated urban areas enjoy a greater police presence than those in less-densely populated rural areas.
Chief Justice John Roberts cut right through Underwood’s logic, saying: “If the purpose of the Second Amendment is to allow people to protect themselves, then it’s implicated when you’re in a high-crime area. It’s not implicated when you’re out in the woods. … How many muggings take place in a forest?”
Roberts is correct: The Second Amendment is premised on the natural right of self-defense, the need for which is greatest where the risk of crime is highest.
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