美国国家公共电台 NPR--SCOTUS rules restrictions on concealed carry violate the Second Amendment

SCOTUS rules restrictions¹ on concealed² carry violate the Second Amendment³

Transcript⁴

The U.S. Supreme⁵ Court, in a 6-3 opinion, ruled that New York's restrictions on the concealed carry of firearms in public violates the Second Amendment.

LEILA FADEL, HOST:

The U.S. Supreme Court, in a 6-3 opinion, ruled that New York's restrictions on the concealed carry of firearms in public violates the Second Amendment. The law that was struck down required licenses⁶ to carry guns outside the home and only granted them when the applicant⁷ could demonstrate a need. That need was restricted to hunting and shooting spots and to someone like a messenger carrying cash. Joining us now to discuss the implications of this decision is NPR legal affairs correspondent Nina Totenberg. Hi.

NINA TOTENBERG, BYLINE⁸: Hi there.

FADEL: So Nina, how broad is this ruling?

TOTENBERG: Pretty broad. It abolishes the entire framework of the way gun regulations have been analyzed¹⁰ by the courts in the past. And if you read Justice Thomas' opinion, joined by five other conservatives on the court, you will see that this decision and the history it accounts is extremely broad. But there are hints at some disagreement. So first, if I - if you can read from Justice Thomas' opinion, he says the right to bear arms in public for self-defense is not a second-class right. We know of no other constitutional right that an individual may exercise only after demonstrating to government officers that some special need - that there's some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. And it's not how the Second Amendment works when it comes to public carry for self-defense. New York's law violates the Constitution, he said, in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.

FADEL: Now, some of the other conservative justices wrote concurring¹¹ opinions. What did they say?

TOTENBERG: The really important one, I think, was written by Justice Brett Kavanaugh and joined by Chief Justice Roberts because, among other things, it says that they are joining the Thomas opinion with this understanding. And it outlines what the court's ruling does not do. First, the court's decision does not prohibit states from imposing¹² licensing¹³ requirements for carrying a handgun for self-defense. In particular, the court's decision does not affect the existing licensing regimes known as shall-carry regimes, which say we're going to give the gun - let you carry a gun unless some of these conditions make us not give you a gun. Those are employed in 43 states.

The court's decision addresses only the unusually - unusual discretionary licensing regimes known as may-issue regimes that are employed by New York and California, New Jersey¹⁵, Hawaii, Maryland, Massachusetts and Washington, D.C. And he said that New York's outlier may-issue regime is constitutionally problematic because it grants open-ended discretion¹⁴ to licensing officials and authorizes¹⁶ licenses only for those applicants¹⁷ who can show some special need apart from self-defense. Going forward, he said, the shall-issue states, those will be OK and that New York and the other states can adopt shall-issue regimes.

FADEL: What did the court's liberals say in the dissent¹⁸ in the few seconds we have left?

TOTENBERG: Justice Stephen Breyer in dissent wrote that in applying the approach to New York's law, the court fails to correctly identify and analyze⁹ the relevant historical facts. Only by ignoring an abundance of historical evidence supporting regulations restricting the public carriage of firearms can the court conclude that New York's law is not consistent with the nation's historical tradition of firearm regulation.

FADEL: NPR legal affairs correspondent Nina Totenberg. Thank you so much.

TOTENBERG: Thank you.

1 restrictions   

约束( restriction的名词复数 )； 管制； 制约因素； 带限制性的条件（或规则）

参考例句：

• I found the restrictions irksome. 我对那些限制感到很烦。
• a snaggle of restrictions 杂乱无章的种种限制

2 concealed   

a.隐藏的，隐蔽的

参考例句：

• The paintings were concealed beneath a thick layer of plaster. 那些画被隐藏在厚厚的灰泥层下面。
• I think he had a gun concealed about his person. 我认为他当时身上藏有一支枪。

3 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

4 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

5 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

6 licenses   

n.执照( license的名词复数 )v.批准，许可，颁发执照( license的第三人称单数 )

参考例句：

• Drivers have ten days' grace to renew their licenses. 驾驶员更换执照有10天的宽限期。 来自《现代汉英综合大词典》
• Jewish firms couldn't get import or export licenses or raw materials. 犹太人的企业得不到进出口许可证或原料。 来自辞典例句

7 applicant   

n.申请人，求职者，请求者

参考例句：

• He was the hundredth applicant for the job. 他是第100个申请这项工作的人。
• In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

8 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

9 analyze   

vt.分析，解析 (=analyse)

参考例句：

• We should analyze the cause and effect of this event.我们应该分析这场事变的因果。
• The teacher tried to analyze the cause of our failure.老师设法分析我们失败的原因。

10 analyzed   

v.分析( analyze的过去式和过去分词 )；分解；解释；对…进行心理分析

参考例句：

• The doctors analyzed the blood sample for anemia. 医生们分析了贫血的血样。 来自《简明英汉词典》
• The young man did not analyze the process of his captivation and enrapturement, for love to him was a mystery and could not be analyzed. 这年轻人没有分析自己蛊惑著迷的过程，因为对他来说，爱是个不可分析的迷。 来自《简明英汉词典》

11 concurring   

同时发生的，并发的

参考例句：

• Concurring with expectations, the degree of polymorphism was highest in the central. 正如所料，多型性程度在中部种群中最高。
• The more an affect arises from a number of causes concurring together, the greater it is. 同时凑合起来以激起一个情感的原因愈多，则这个情感将必愈大。

12 imposing   

adj.使人难忘的，壮丽的，堂皇的，雄伟的

参考例句：

• The fortress is an imposing building.这座城堡是一座宏伟的建筑。
• He has lost his imposing appearance.他已失去堂堂仪表。

13 licensing   

v.批准，许可，颁发执照( license的现在分词 )

参考例句：

• A large part of state regulation consists of occupational licensing. 大部分州的管理涉及行业的特许批准。 来自英汉非文学 - 行政法
• That licensing procedures for projects would move faster. 这样的工程批准程序一定会加快。 来自辞典例句

14 discretion   

n.谨慎；随意处理

参考例句：

• You must show discretion in choosing your friend.你择友时必须慎重。
• Please use your best discretion to handle the matter.请慎重处理此事。

15 jersey   

n.运动衫

参考例句：

• He wears a cotton jersey when he plays football.他穿运动衫踢足球。
• They were dressed alike in blue jersey and knickers.他们穿着一致，都是蓝色的运动衫和灯笼短裤。

16 authorizes   

授权，批准，委托( authorize的名词复数 )

参考例句：

• The dictionary authorizes the two spellings 'traveler' and 'traveller'. 字典裁定traveler和traveller两种拼法都对。
• The dictionary authorizes the two spellings "honor" and "honour.". 字典裁定 honor 及 honour 两种拼法均可。

17 applicants   

申请人，求职人( applicant的名词复数 )

参考例句：

• There were over 500 applicants for the job. 有500多人申请这份工作。
• He was impressed by the high calibre of applicants for the job. 求职人员出色的能力给他留下了深刻印象。

18 dissent   

n./v.不同意，持异议

参考例句：

• It is too late now to make any dissent.现在提出异议太晚了。
• He felt her shoulders gave a wriggle of dissent.他感到她的肩膀因为不同意而动了一下。