A decision in the U.S. Supreme Court's biggest gun rights case in over a decade is expected to land any day now.
on the case in November, many of the court's conservative justices seemed skeptical of New York-style laws, though raised concerns about public safety if restrictions were rolled back too far.
"A really narrow opinion could be something like New York can have a licensing law for concealed carry, but it can't grant as much discretion as it does to the licensing authority," Miller said. "A broad decision on this issue would be something like it's unconstitutional to have any kind of licensing [for concealed carry] at all. I don't think that that's likely, but it's possible.
"If you end up having more people carrying guns around New York, could you prevent people from carrying guns on college campuses or in the middle of Times Square on New Year's Eve?" Miller said. "If the Supreme Court says we'll have rights to carry guns in more places, that puts a lot of pressure on legislatures and eventually the courts to figure out what places are potentially sensitive that you can prohibit guns from being there.
A technical but potentially consequential "sleeper issue" in this case, Miller also noted, is whether the court takes a "text, history and tradition"-only approach in instructing lower courts on how to think about Second Amendment rights, or if judges can continue to consider modern evidence like social science data while balancing individual rights against state laws promoting public safety.
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