Woman pushing a baby stroller shot dead in Manhattan, police say
By Rob Frehse and Aya Elamroussi, CNN
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A woman pushing a baby in a stroller was shot in the head at close-range and killed in Manhattan on Wednesday night, police said.
The three-month-old baby was unharmed, and the relationship between the 20-year-old woman and the baby was unclear Wednesday, police told CNN.
The shooting happened just after 8:20 p.m. in Manhattan’s Upper East Side, police noted. Authorities are searching for a suspect.
“A woman is pushing a baby carriage down the block and is shot in point blank range. It shows just how this national problem is impacting families,” New York City Mayor Eric Adams said during a news conference. “It doesn’t matter if you are on the Upper East Side or East New York, Brooklyn.”
The shooting came hours after New York Gov. Kathy Hochul announced a legislation package aimed at tightening gun laws in the state.
The Democratic governor’s move is in response to the US Supreme Court’s ruling last week that struck down a century-old New York state gun law that placed restrictions on carrying a concealed handgun outside the home.
On Wednesday, Hochul said a conceptual agreement has been reached that includes a series of protections expanding open carry gun restrictions in sensitive locations, including in federal, state and local government buildings, health and medical facilities as well as at daycares, parks, zoos, playgrounds and on public transportation. Educational institutions and places of worship would also be protected under the measure, Hochul said.
“The Supreme Court decision was a setback for us, but I would call it a temporary setback,” Hochul said during a Wednesday afternoon news conference.
Hochul said she hopes to sign the legislation Thursday after a special legislative session convenes.
Other gun control efforts are underway in the state, including lawsuits filed by New York City and the New York Attorney General’s Office against 10 companies selling parts for so-called ghost guns, officials said. The legal action aims to hold distributors accountable for the proliferation of mail-order components used to make untraceable guns that lead to shootings.
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The Supreme Court said that Americans have a right to carry firearms in public for self-defense. That's important because about half a dozen states have conditioned getting a license to carry a gun in public on the person demonstrating an actual need — sometimes called "good cause" or "proper cause" — to carry the weapon. That limits who can carry a weapon in those states.
In its decision, the Supreme Court struck down New York's "proper cause" requirement, but other states' laws are expected to face quick challenges. About one-quarter of the U.S. population lives in states expected to be affected by the ruling.
The last time the court issued major gun decisions was in 2008 and 2010. In those decisions the justices established a nationwide right to keep a gun for self-defense in a person's home. The question for the court this time was just about carrying a gun outside the home.
Justice Clarence Thomas wrote in the court's majority opinion that the right extended outside the home as well: "Nothing in the Second Amendment's text draws a home/public distinction with respect to the right to keep and bear arms."
Erin Schaff/The New York Times via AP, Pool, File
The gun ruling split the court 6-3, with the court's conservative justices in the majority and its liberals in dissent. In addition to Thomas, the majority opinion was joined by Chief Justice John Roberts and justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. The court's three liberals who dissented are justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.
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A handful of states have laws similar to New York's. The Biden administration has counted California, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island as all having laws similar to New York's. Connecticut and Delaware are also sometimes mentioned as states with similar laws.
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Not exactly. The justices didn't touch other parts of New York's gun law, so other requirements to get a license remain. The court made it clear that the state can continue to make people apply for a license to carry a handgun, and can put limitations on who qualifies for a permit and where a weapon can be carried. In the future, however, New Yorkers will no longer be required to give a specific reason why they want to be able to carry a gun in public.
The decision also doesn't take effect immediately and state lawmakers said Thursday that they were planning to overhaul the licensing rules this summer. They have yet to detail their plans. Some options under discussion include requiring firearms training and a clean criminal record. The state might also prohibit handguns from being carried in certain places, like near schools or on public transit.
In addition, the decision does not address the law that recently passed in New York in response to the Buffalo grocery store massacre that among things, banned anyone under age 21 from buying or possessing a semi-automatic rifle.
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Justice Brett Kavanaugh, joined by Chief Justice John Roberts, noted the limits of the decision. States can still require people to get a license to carry a gun, Kavanaugh wrote, and condition that license on "fingerprinting, a background check, a mental health records check, and training in firearms handling and in laws regarding the use of force, among other possible requirements." Gun control groups said states could revisit and perhaps increase those requirements. States can also say those with a license to carry a gun must not do so openly but must conceal their weapon.
Justice Samuel Alito noted that the decision said "nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun." States have long prohibited felons and the mentally ill from possessing weapons, for example. The decision also said nothing "about the kinds of weapons that people may possess," Alito noted, so states might also try to limit the availability of specific weapons.
The justices also suggested that states can prohibit the carrying of guns altogether in certain "sensitive places." A previous Supreme Court decision mentioned schools and government buildings as being places where guns could be off limits. Thomas said that the historical record shows legislative assemblies, polling places and courthouses could also be sensitive places. Thomas said courts can "use analogies to those historical regulations of 'sensitive places' to determine that modern regulations prohibiting the carry of firearms in new and analogous sensitive places are constitutionally permissible."
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The court made it harder to justify gun restrictions, although it's hard to know what the new test the court announced will mean for any specific regulation.
Thomas wrote that the nation's appeals courts have been applying an incorrect standard for assessing whether such laws are impermissible. Courts have generally taken a two-step approach, first looking at the constitutional text and history to see whether a regulation comes under the Second Amendment and then, if it does, looking at the government's justification for the restriction.
"Despite the popularity of this two-step approach, it is one step too many," Thomas wrote.
From now on, Thomas wrote, courts can uphold regulations only if the government can prove that they fall within traditionally accepted limits.
Among state and local restrictions already being challenged in federal court are bans on the sale of certain semi-automatic weapons, called assault rifles by opponents, and large-capacity ammunition magazines, as well as minimum age requirements to buy semi-automatic firearms.
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The Supreme Court heard arguments in the guns case back in November and a decision had been expected before the court begins its summer recess. The court has nine more opinions to issue before it goes on break and plans to release more Friday. Still waiting is a major abortion decision.
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This is an election year. Republicans are favored to take over the House, now narrowly controlled by Democrats, and have a solid chance of capturing the 50-50 Senate.
To reinforce their chances, Senate Minority Leader Mitch McConnell, R-Ky., knows they need to attract moderate voters like suburban women who will decide competitive races in states like Arizona, Georgia, Nevada and North Carolina.
Taking steps aimed at reducing mass shootings helps the GOP demonstrate it is responsive and reasonable — an image tarnished by former President Donald Trump and the hard-right deniers of his 2020 election defeat.
Underscoring the focus he prefers, McConnell lauded the gun agreement by pointedly telling reporters Wednesday that it takes significant steps to address “the two issues that I think it focuses on, school safety and mental health."
The bill would spend $8.6 billion on mental health programs and over $2 billion on safety and other improvements at schools, according to a cost estimate by the nonpartisan Congressional Budget Office. The analysts estimated its overall cost at around $13 billion, more than paid for by budget savings it also claims.
But it also makes the juvenile records of gun buyers aged 18 to 20 part of background checks required to buy firearms, bars guns for convicted domestic abusers not married to or living with their victims and strengthens penalties for gun trafficking. It finances violence prevention programs and helps states implement laws that help authorities temporarily take guns from people deemed risky.
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The measure lacks stronger curbs backed by Democrats like banning the assault-style rifles used in Buffalo, Uvalde and other massacres and the high-capacity ammunition magazines those shooters used.
Senate Majority Leader Chuck Schumer, D-N.Y., said Wednesday that this time, Democrats decided they would not “hold a vote on a bill with many things we would want but that had no hope of getting passed.” That's been the pattern for years.
Democratic Sens. Chris Murphy (pictured) of Connecticut and Kyrsten Sinema of Arizona, and Republican Sens. John Cornyn of Texas and Thom Tillis of North Carolina, led negotiators in talks that lasted four weeks. Their accord is Congress' most important gun violence measure since the now-expired assault weapons ban enacted in 1993.
For almost 30 years, “both parties sat in their respective corners, decided it was politically safer to do nothing than to take chances," Murphy told reporters. He said Democrats needed to show “we were willing to put on the table some things that brought us out of our comfort zone.”
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Gun rights defenders are disproportionately Republican, and the party crosses them at its own risk. Trump, possibly gearing up for a 2024 presidential run, issued a statement calling the compromise “the first step in the movement to TAKE YOUR GUNS AWAY.”
McConnell took pains to say that the measure “does not so much as touch the rights of the overwhelming majority of American gun owners who are law-abiding citizens of sound mind.”
Even so, the National Rifle Association and other pro-gun groups oppose the compromise in what will be a test of their influence.
Supporting this legislation may not doom Republicans with pro-gun voters.
McConnell and Cornyn have talked about GOP polling showing that gun owners overwhelmingly back many of the bill's provisions. And those voters are likely to be angry about sky-high gasoline prices and inflation and could vote Republican anyway.
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Around two-thirds of the Senate's 50 Republicans are expected to oppose the gun measure. But congressional approval would be a GOP win by hindering Democrats from using gun violence in their campaigns, said Republican pollster Neil Newhouse. "Taking this off the table as a potential issue for Democrats puts the focus squarely back on inflation again and the economy,” Newhouse said.
Not so, says Democratic pollster Geoffrey Garin. He said approval will let Democrats tout an accomplishment running Congress and demonstrate they can work across party lines. Democrats can still campaign against Republicans for opposing tougher measures like assault weapons curbs, issues where “Democrats clearly have the high political ground,” Garin said.
Fourteen Republicans including Sen. Lisa Murkowski of Alaska voted Tuesday to move the legislation a step toward passage. It is probably telling that she and Indiana Sen. Todd Young were the only two facing reelection this fall. Three are retiring and eight including McConnell, Cornyn and Tillis don’t run again until 2026.
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Senators say they've been struck by a different mood back home.
No. 2 Senate Democratic leader Richard Durbin of Illinois said some people he's long known told him that “maybe it's time to take my kids out of this country," which he called incredible. “That they would even consider that possibility tells you how desperate families are” after the recent shootings.
“What I heard for the first time was, ‘Do something,'" Murkowski said. “And it wasn’t, ‘Ban this, do that,' it was, ‘Do something.'"
That wasn't true for everyone. Republican Sen. Steve Daines of Montana, where guns are widely popular, said of his constituents, “They want to make sure their Second Amendment rights are defended," the constitutional provision that lets people keep firearms.
About the photo: Gun control advocates protest in Christopher Columbus Park, Saturday, June 11, 2022, in Boston. Thousands of people are rallying across the country in a renewed push for gun control measures after recent deadly mass shootings.