Justice Kagan - concealed carry versus open carry

CHIEF JUSTICE ROBERTS: Justice Kagan, anything further?Show more

JUSTICE KAGAN: Mr. Clement, you -- you said, I think, in passing that it would be fine if New York banned open carry so long as it allowed concealed carry. Is that correct?

MR. CLEMENT: Certainly, that's consistent with the relief we're looking for. We're looking for some outlet to exercise our constitutional right to carry firearms outside the home.

JUSTICE KAGAN: How is it consistent with the history? I mean, the history seems very clear to me that it's sort of like the exact opposite of how we think about it now, in other words, that there are lots of places that wanted people to display their arms as a matter of transparency, and what they prohibited was the concealed carry.

Justice Kagan - concealed carry versus open carry