i'm jose diaz-balart. right now we are closely watching the supreme court for any major decisions that could come down at any moment, including a landmark ruling on abortion. this morning we're breaking down everything you need to know ahead of the january 6th hearing where lawmakers on the panel seek to show just how close the u.s. came to a constitutional crisis. and right now, lawmakers running against the clock to pass that major piece of bipartisan legislation addressing rising gun violence before the july 4th recess. meanwhile in texas, uvalde school police chief now on administrative leave as the community learns stunning new details about the police response to last month's shooting. in ukraine, russian forces say they achieved a tactical breakthrough in the eastern

region. we'll get a live report from kyiv. this afternoon the house january 6th committee will hold its fifth public hearing on what it has learned so far about the attack on the u.s. capitol. today's hearing will focus on how former president trump tried to use the justice department to help him overturn the results of the 2020 election but failed because of pushback and resignation threats, like this one from former acting deputy attorney general, richard donahue. >> the president said, suppose i do this, suppose i replace him, jeff rossen, with him, jeff clark. what do you do? i said, sir, i would resign immediately. there is no way i'm serving one minute under this guy, jeff clark. >> donaghue will testify today as well as steve engel. adam kinzinger, one of two

republicans on the panel, will lead today's questioning. committee chairman, bennie thompson, says the panel will wait until later next month to hold more hearings because it needs to look through new evidence it has received since the hearings began. nbc news has obtained these images from interviews documentary filmmaker conducted with donald trump and members of his inner circle before and after the january 6th riot. holder has turned over video of those interviews to the committee. and nbc news just obtained the trailer for the documentary "unprecedented." here's a snippet. >> okay. >> my father, he's very honest and he is who he is. >> he believes everything he's doing is right. >> i think i treat people well, unless they don't treat me well. in which case you go to war. >> can we talk for a minute about january 6th. >> yeah.

>> right now alex holder is meeting with the panel behind closed doors. all of this comes as multiple sources familiar with the matter tell "the washington post" and "the new york times," the justice department has issued at least four subpoenas in connection with the plot to send fake slates of electors to washington. nbc news has not independently confirmed these reports. with us now to talk about all of this, nbc news senior capitol hill correspondent, garrett haake, and moderator of washington week on pbs and former special prosecutor shawn woo. garrett, you were able to talk to congressman kinzinger. what did he tell you? >> reporter: this hearing is going to go back and examine this pressure campaign at doj as you were outlining was broadly about trying to get the department of justice to investigate or at least say it was investigating donald trump's claims of voter fraud.

then it was about a specific effort to remove leadership and replace them with folks who might be more pliant and more willing to do so when that first effort failed. we'll see that broadly laid out here. we'll probably hear the name, scott perry, the republican congressman, who was teased in one of these first hearings who asked for a pardon. we know he was involved in the behind the scenes doj effort. that will be the picture the committee tries to paint today. >> shawn, it's very clearly that if people like jeffrey rosen, richard donaghue and richard engel had not stood up to trump, things may have been different? >> oh, absolutely. and i think one of the real effective aspects of having them testify is that it may actually give attorney general merrick garland more comfort. he's an institutionalist, worried about being seen as

overly political. seeing these high-ranking doj officials at his own rank give this testimony might target him to feel more comfortable moving forward. >> republican leader kevin mccarthy appointed five republicans to serve on the committee but pulled them after house speaker nancy pelosi rejected his choice of jim banks and jim jordans. earlier this week, donald trump called it a bad decision. house republicans regretting that move? >> it's an interesting question. we know for a fact former president trump is regretting that decision. and it's interesting, of course, because he has so much power in the gop. ken mccarthy has really sought to continue to legitimize the lice of former president trump. to see president trump going after kevin mccarthy shows you the level of frustration he's feeling as he's watching these hearings telling a clear narrative, that being he he tried to unlawfully hold onto

power, subvert the constitution, and use doj officials to state officials to people in the white house to try to do that. i think it's also interesting that this is going to be a hearing where people who former president trump were working so closely with, who he was directly talking to, are going to be, again, really getting at that message. of course, the thesis of today will be that the department of justice was trying to be used as former president trump's personal attorneys. we heard former attorney general barr say that. i think it's important that this is coming at a political time where democrats have been frustrated as the doj for not being, at least they say, some of them to me, not being aggressive enough in prosecutor january 6th. here is former president trump painted as someone trying to lean on the doj while the current president, president biden, is saying he wants to do the exact opposite. he wants to be independent. going back to your question, donald trump is clearly watching this and clearly seeing if people are paying attention to these hearings. their minds could be changed.

i have talked to one republican who says this really shows that former president trump looks, quote, extremely culpable. >> how effective has the january 6th committee been in presenting its case publicly so far? >> i think they've done a very effective job of it. from a prosecutor's view, they've laid the evidence out in both a compelling way and with a theme. that theme is really to attack the potential defense of intent, meaning that trump might have really believed that there was some truth to his big lie. but that evidence has really eviscerated that claim and, again, i think they're sending a message to the attorney general that we've got your back here. we have this evidence for you if you want to go forward. it's also a very interesting move. usually the justice department would go first, not congress, and in this instance, congress has gone first. whether deliberately or not, the effect is that, again, it puts the evidence of the american

public first and may take some pressure off of attorney general garland because he may worry less of being accused of being a politically weaponized department of justice the way trump's had become because this information has gone out first and public sentiment may be shifting a bit. he can be seen as reacting to this public information of trump's culpability rather than taking the lead. even though it's not the way it normally would go, with them going second, it may end be upping quite effective. >> that's interesting. do you think these hearings are having an impact on public opinion? >> it's the question, of course, at the heart of this. when i talked to voters i've been in touch with them asking, how much are you paying attention? my sense is there are people who are definitely learning new things but a lot of americans in this country have sort of made up their mind about january 6th.

either they see former president trump as a villain and these thoughts are reinforcing their thoughts about this or republican who think these are partisan, not credible hearings. there isn't that much wiggle room. i know there was a new poll from the quinnipiac that showed there are people paying attention to this, a large number of americans are watching. the big question will be, what will be the consequence of that? will there be changed minds and changed votes? i think it's too early to tell. obviously, talking to some republicans i've talked to, this does not make president trump look good and this could be a real political liability for him. >> garrett, what comes next for the committee? >> great question, jose. the committee was expected to have hearings next week but bennie thompson said they're getting new information in and they want to make sure they provide the whole story so they're pushing off the hearings until middle july. i tried to ask adam kinzinger what information they were getting and how it might affect

their overall case. this is what he told me. >> we shouldn't be surprised that when you start having these hearings, people that know information are going to come forward and talk to us, between that and, you know, any other information. we want to make sure that we don't present an incomplete picture. we want to present a complete picture because i think this moment, whether it happens whatever week or a couple weeks later, this moment is so important for america that we have to make sure we have all the information available to us at that moment. >> one of those people who has come forward is that documentary filmmaker, alex holder, who arrived at a building down the street from where i'm standing for his closed door deposition. we don't know what's in that documentary. holder seems to be making the most of its moment in the spotlight, but that's some of the new evidence the committee will be reviewing. >> thank you so much for be, with us this morning. our special coverage of today's january 6th hearing begins at noon eastern/9:00 eastern led by

andrea mitchell, katy tur and hallie jackson. next hour, the senate will take another step towards passing an historic bipartisan bill addressing gun violence in the u.s. chris murphy, one of the lead negotiators of the message, he told msnbc that he believes the number of people who will support it will actually grow. >> i shouldn't count my chickens until they've hatched but 14 republican votes last night. we will have final passage either tomorrow evening or on friday. we actually, i think, have a chance to grow that number and have 15, 16 republicans supporting this in the end. >> joining us now, nbc news capitol hill correspondent ali vitali. where do things stand this morning on this? >> jose, just about an hour from now, we'll see the senate start moving on the really key vote here regarding this gun package they've been working on for the last few weeks. the vote that's already happened on this with 64 senators voting

in favor of it was sort of a road map for us for basing how this next vote is going to go. this is the key vote because it bypasses that well-known filibuster here in the senate. they need 60 votes. they think they're likely to get 64. you heard senator murphy, not counting his chickens before they're hatched, but there is an expectation that some of these republican senators who weren't on board the first time still could get on board this time. some have complained they didn't have enough time to read the legislation. some are in states that already have similar legislation on the books. maybe they've gone back to the drawing board on that. nevertheless, this is the important vote. once it passes here, it really does put the senate on a glide path to passing the most significant gun legislation in decades. it's something we could see a vote on as early as tonight for final passage. really the rules would tell you you need 30 hours intervening between the vote that happens around an hour from now. that could put this more like a

friday vote. if all 100 senators agree they want to do it faster, they can do it faster. others might want an amendment to slow the process down. nonetheless, it will likely pass by the end of the week if this vote goes through. >> the end of the week is tomorrow. ali, you also have new reporting about a senate democrat's efforts to secure ab boergs access? >> reporter: the federal government and specifically congress, democrats are hamstrung on what they can do. nonetheless, we know senate democrats will be huddling today for a caucus meeting focusing on the abortion rights issue. senators are pressuring the white house on some executive orders. tina smith is introducing a new bill that would codify abortion pill access in some states that don't have it effective. creating a floor for standards of care and regulation and usage, keeping in place the food and drug administration's

regulations on the abortion pill right now so states can continue to have access to this pill. it's the most prevalently form used of abortion care for abortions up to ten weeks of pregnancy. tina smith moving on this today, but telling me last night in a phone call, the realities of the senate are the realities of the senate. it's not likely to pass this body. nonetheless, democrats doing what they can, putting forward this legislation and also urging voters to vote in the midterms on this issue. >> ali vitli on capitol hill. ahead, new developments in the uvalde school shooting. we'll tell you what happened to the school's embattled police chief. the baby formula crisis is here. it's still here. and nowhere near over. details about another fda investigation possibly linked to tainted formula. you're watching "jose diaz-balart reports." g "jose g "jose diaz-balart reports. qulipta™t migraine attacks.

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18 past the hour. a major update from uvalde, texas. school district police chief pete arredondo is on leave. the decision comes after the top cop said arredondo put their own safety above the lives of children. gutierrez has filed a lawsuit against the texas department of public safety. he claims they are withholding initial information, including the 911 call and surveillance footage. >> we want the full answers. not half-truths, not innuendo, not finger-pointing. we need all of the information, all of the body cam footage, not just portions like we got yesterday. >> the community is still in mourning. tomorrow marks one month since the massacre at robb elementary. the nearby high school will hold its graduation ceremony tomorrow

evening where participation is optional for students and families in light of what happened there a month ago. joining us with the very latest is houston bureau chief at "the new york times," jay david goodman. it's good to see you. let's start with what pushed the district to put arredondo on administrative leave now? >> it's a good question. the pressure had been growing on officials in uvalde to do something with chief arredondo. not just his job as head of the small school's police force, but also he's a city councilmember, elected in may shortly before the shooting took place. so, you saw a flurry of activity taking place this week at a city council hearing where the city council had been prepared to grant him a leave of absence so he wouldn't forfeit his seat. parents came to the meeting and were quite vocal and quite angry

that he was still serving and really demanded he not be granted that leave. and one of the councilmembers wanted leave and he was denied it. the parents cheered. he may lose his city council seat. the next day we had the announcement from the school district that he was being put on this administrative leave. that's kind of related in the sense that parents had been -- and other members of the yooufltd community had been complaining that he was still at work and they're in summer school now. you know, he's around the community, at least at the schools. and people obtained to seeing him around, given what we know about his role in the response. >> let's talk, david, about the investigation so far. what happened in uvalde a month ago tomorrow. there are so many questions out there, david. >> that's right. i've had a chance to review some

investigatory documents and video over the last few weeks. and it does answer many of the questions we had in terms of the police hanging back for an excruciating long period of time after the shooting began in that classroom and one of the outstanding questions that we have, and a point of debate between arredondo and the head of the texas state police, and why did they do that? why were they -- and who told them to? the head of the state police, steve mccraw, said on tuesday it was an abject failure, the police spon. he pinned the blame on arredondo saying he was incident commander and he made the decision to treat this gunman as a barricaded person and not an active shooter and hang back. arredondo said in the only interview he's given to the texas tribune, he didn't see himself as the commander and he didn't know who was in charge. that discrepancy is really the core of the unknown right now. but there's quite a lot of evidence in the body cam footage

that i've seen transcripts of and video from inside the school that there was this decision made by arredondo, at least arredondo is on some recordings, telling other officers, you know, what the situation is and asking for more equipment, asking for keys and really waiting that hour and 17 minutes that it was from the time that the shooter went into the classroom to when they finally went in, confronted and killed him. >> david, you've seen some of the transcripts, some of the video. what are some of the things that stuck out when you read those transcripts and when you saw what you saw? >> i think really the most jarring thing is just how the police -- after they initially go to the door of the -- or the doors of the two classrooms and take fire from the gunman, they pull back. they don't go to those doors again until they hear more gunshots, almost 40 minutes later. they hear some gunshots after the -- they initially arrive.

they hear a few more. but they stay back. you can see on some of the video images that have been released, they remain in that distant position from the doors for 40 minutes. and then once they get closer to the doors, they still hang back -- or still, excuse me, don't go in. what's apparent from the video is no one has checked those doors to make sure that they're locked. there's an assumption they were locked, but you can see when the gunman arrivarrives, he walks straight into that classroom. clearly the mechanism was not working or somehow not fully closed, the gunman was able to go straight into the classroom and begin shooting. none of those officers in the video can be seen it's locked, they just assume it is, and they wait until getting shields and having, you know, powerful guns, they wait for keys. the director of the texas state police said on tuesday were not needed. >> david goodman, thank you so much for being with us.

they stood back even parallel -- not parallel to the doors, but perpendicular way down the hall. >> that's correct. >> thanks for being with us. up next, we're going to ukraine where russia appears to have dealt a significant blow in the battle for eastern ukraine. we have the latest conditions on the ground there. you're watching "jose diaz-balart reports." nd there you're watching "jose with merrill. moving his money into his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill, a bank of america company. riders! let your queries be known. uh, how come we don't call ourselves bikers anymore? i mean, "riders" is cool, but "bikers"...is really cool. -seriously? -denied. can we go back to meeting at the rec center? the commute here is brutal. denied. how do we feel about getting a quote to see if we can save with america's number one motorcycle insurer?

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and that's... how you collect coins. your money never stops working for you with merrill, a bank of america company. 29 past the hour. tomorrow will mark four months since russia launched its invasion of ukraine. today european union leaders are expected to support ukraine's bid to join the european union. it's the start of a formal approval process that could ultimately take years to complete. meanwhile, in eastern ukraine the governor of luhansk says russia has sent all reserve forces to a key embattled city. joining us from kyiv, allison barber. what's the latest on the ground there? >> reporter: so, fighting has really intensified in two key cities in the east. seveodonetsk and

severodonetsk has been the efforts in recent weeks, but the thought was from a tactical stand point russian forces would need to capture all of severodonetsk and take a difficult journey across the river into luhansk. but russian forces are making significant gains to the south of luhansk. the governor has said they put all resources into attacking these two cities, deploying reserve units to add to what they already on the ground, when ukrainian officials were saying they were outgunned and outmanned here. the u.s., finally weapons ukraine had long been waiting for, high-tech medium range rocket launchers, those have apparently made their way into ukraine. ukrainian officials tweeting earlier today they have received those, thanking secretary austin for what he described as a powerful tool. initially when president biden

approved the aid package that included hemars, we knew there would be a lag before they could get to the front lines. they would have a three-week training period on those weapons so the question is, could they get to the front quickly enough to make a difference? that is still to be determined but they are physically here in ukraine. that's something ukrainian officials have been wanting to see more of, high-tech, medium-range rocket launch systems, more heavy weaponry so they can match what they are seeing from russian forces. the situation in severodonetsk, in luhansk, in that into region has been described as extremely difficult. russian authorities have hoped to capture all of the donbas by june 26th. the president here in ukraine, he has warned they expected to see fighting to intensify in eastern ukraine as they get closer to the eu, likely approving ukraine's bid for candidate status. jose?

>> thank you so much. we are following breaking news in afghanistan. burials are under way after that earthquake killed more than 1,000 people and injuring 1,500 others wednesday. people were buried in lines of graves. take a look at this video in the eastern mountainous area hit by the 5.9 magnitude earthquake. it's the deadliest tremor to strike the country in two decades. joining us now, raf sanchez and analyst satia. what's the latest effort to get to people, to help people that may be trapped or surviving that earthquake? >> yeah, jose, it's now been more than 36 hours since that earthquake struck and it's still a real struggle to try to get relief and rescue elements into place. this is a mountainous, remote corner of eastern afghanistan. the roads were not great to begin with. . have now been devastated both by

the quake and also by these heavy mudslides we've been seeing as a result of rainfall. communication networks are down. taliban officials saying they're having a really hard time reaching people by phone, trying to figure out where they actually need to get to relief to. the end result are these harrowing images we're seeing of people digging with their bare hands through rubble trying to save the lives of friends, of family, of neighbors, and all the while praying for relief to come through. now, the death toll, as you said, is at more than 1,000. that number, according to doctors on the ground, includes many children. we don't know exactly how many. we may never know exactly how many, but a number of kids are thought to have lost their lives there. it's all putting strain on a health care system basically already collapsed. >> that is so far the number really hasn't changed that much.

more than 1,000 dead, 1,500 injured. let's go to pete williams with breaking news out of the supreme court. >> 14 years ago the supreme court said the second amendment -- they have declined to answer the question that says, what about keep and bear arms? what about guns in public? today the supreme court has answered that question by a vote of 6-3 in an opinion written by justice clarence thomas, saying that the second amendment does provide a right to have a gun outside the home. now, the law in question in new york said there's no right to carry a gun openly in new york, but to get a concealed carry permit, a person had to go to the county sheriff and show some special need. something beyond just a general desire for self-defense and today the supreme court said that's unconstitutional. that puts a limit on the right to have a gun. the supreme court says, number

one, states cannot put these special restrictions on getting a gun for a conceal carry permit. this decision, obviously, will have an immediate effect in new york and it will also affect the seven other states that have similar laws. california, connecticut, delaware, hawaii, maryland, massachusetts and new jersey. but the opinion also says that states can restrict areas, sensitive places is what the opinion says, where guns can be off limits. this is a very important ruling for second amendment rights. the second big second amendment ruling in our history. this answers the question, what about guns outside the home? we'll have to wait and see in future cases how this will restrict the ability of states to enact gun control to try to keep guns out of sensitive places or restrict the possession of guns in public places outside the home. >> pete williams, thank you. i want to bring in mbz legal

analyst and former federal and state prosecutor in new york. thank you for being with us. this is the new york state rifle and pistol association versus bruin. what is -- pete was very clear on it, but what exactly is this meaning for new york and for the country? >> it means a lot for new york and for the entire country, jose. as pete said, there are seven states that have laws similar to new york, but that almost sort of understates the impact because i've seen reports that really a quarter of the country, a quarter of the population of the country, was governed until just now by laws like new york's that made it difficult to carry a concealed weapon, that regulated the carrying of the concealed weapon. these laws are particularly popular, as you might expect, in

urban environments where you might think it's particularly dangerous for people to carry weapons like that. this decision was written by justice thomas, who has said before that the second amendment has been treated as a second class right. and this is really a response to that, to that concern of his. it appears to introduce some new tests for deciding whether a regulation of gun rights is constitutional and to really make it more difficult for states, for cities, for localities to regulate anything having to do with guns. >> interesting, some of the issues here. this is very directly specific about whether private citizens can have the constitutional right to carry a firearm outside of their home. and these are people who would

be within the structure of the law with a concealed weapons permit. >> that's right, jose. the law in new york said, look, you sometimes can get a permit to carry a gun outside of home, but you have no proper cause. you have to show that you really need it and the court says here, that's too burdensome. it says, when we look at modern gun regulation like that one, we have to ask ourselves, is it comparable to the kind of burdens imposed on the right to bear arms at the time of the founding? is it comparably justified? this is the language the new opinion uses. and it says that by that measure, applying that test, the new york statute went too far. new york can go back and try to regulate concealed weapons in a different way, make it less burdensome.

there is this language pete referred toe to sensitive places, what is a sensitive place, how much can you burden the right to bear arms in a sensitive place. all of that needs to be borne out. but the immediate effect of all of this is to make it harder to do what new york had done for over a century. >> and i want to bring in chuck rosenburg, msnbc contributor and former u.s. attorney. gabe gutierrez is with us as well. so, let me ask you, it seems to me, and i may be wrong, is it very specific to concealed weapons permits and how there is either proper cause or no proper cause to enable you to carry a gun with a concealed weapons permit outside of the home? >> jose, is that for me or for gabe? >> for chuck, yes, for you, sir. >> thank you. so, great question.

generally speaking, what the supreme court said in the heller case in 2008 was that individuals have a right to bear arms but in the home. as you might expect in our very diverse country, a number of states, most states, said that when a citizen asks for a permit to carry outside the home, the state and local authorities shall issue it. in seven states, including -- the legislature said they shall issue it upon a showing of proper cause. what the supreme court has said today is that that proper cause standard, applicable in the seventh state is too burdensome, infringes upon the second amendment right. this is something we've been waiting for because we wanted to know if states are going to regulate the carrying of concealed weapons outside the home. how can they do it? the states wanted some guidance.

in my view, the seven states have imposed a proper cause standard were not acting in a nonconstitutional manner nor was it overly burden some. as i understand it in new york, for instance, two-thirds of the people who attempted to show proper cause and to get a permit to carry a concealed weapon outside the home were granted that permit. so, it doesn't seem all that onerous. the question now becomes, as states wrestle with how they regulate permitting of concealed weapons outside of the home, what are sensitive areas? so the inquiry moves from whether or not the new york statute, the statute in other states were too onerous. if you can carry a concealed weapon outside the home, can you carry it in a church, in a school, in an airport, in a government building? so, there's going to be a lot more legislating and a lot more litigating to come. right now the supreme court has made easier for individuals to

get a permit to carry a concealed weapons outside the home. >> so, thank you for explaining this, but just to bear down with you, just another question. so, this is related to people who have a concealed weapons permit, not just people that can carry outside of the home without any permit? >> yeah. so -- yes, but. it really concerns, jose, people who want a permit to carry a concealed weapon outside the home. in most states, the state would issue that permit. there was no requirement that an individual show proper cause or need. >> yeah, i would do -- >> including new york, an individual had to show a cause, a proper cause. and the state could approve it,

it as did in two-thirds of the cases, or deny it, as it did in one-third of the cases. the supreme court has now said that is too onerous. we now have to figure out if we're going to legislate where you can carry a concealed weapon, what those places are. what are the sensitive places? pete referred to that earlier. we don't know the answers. they're much smarter than i am, but we don't know the answers yet. we have to legislate that and litigate that in the years to come. >> gabe gutierrez, who has been covering this story from all angles, i'm just thinking this comes at a time when tomorrow is the one-month anniversary of the massacre in uvalde, texas. >> that's exactly right. comes, of course, with the u.s. senate talking about this bipartisan legislation putting forth more gun regulations, but at the state level, this ruling has major implications, not just for new york, the ruling is

tailored to, but also other states are watching this closely, as chuck mentioned as well. we have been listening to the acting attorney general in new jersey this morning talking about the potential implications. we're actually waiting for reaction from new york city mayor eric adams and governor kathy hochul, who are scheduled to have unrelated events in the next few minutes. they're watching this very closely. as know, mayor adams in new york has tried to crack down on gun violence because of the recent surge in violence over the last few months. this could potentially derail some of the measures he was looking to in new york. but other cities, connecticut, california, delaware, hawaii, maryland, massachusetts and, as i mentioned, new jersey, looking at this very closely and trying to figure out what this means for them going forward, jose. >> i want to bring in ken delaney, outside the supreme court. ken, what's the mood there? >> reporter: well, jose, you may hear some noise behind me

because there are a number of protesters on the abortion issue, in anticipation of that big ruling coming down from the supreme court any day now. but not today. and we're getting this major guns case, which as pete williams has been saying, just a huge expansion of rights for many americans under the second amendment. these seven states that have laws that are affected by this ruling cover some 80 million people, jose. and in the new york case, according to briefs, there were many people who were not allowed to carry -- to get a concealed permit to carry a handgun because they could not demonstrate a need. it wasn't enough to say, i feel threatened in my neighborhood. you had to demonstrate a specific need. the supreme court has now said, that is unconstitutional and these states have to go back to the drawing board and figure out how, if at all, they can regulate concealed carry permits and keep guns out of so-called sensitive areas. it's a major expansion for

second amendment rights. the vote was a long -- 6-3 vote. conservatives held sway here today, jose. >> i want to bring back pete williams. this is a very significant announcement today. >> yes. certainly what we expected, jose, based on how the case was argued -- how it went when the case was argued last fall. and, of course, one of the things here is what kind of restrictions can states still place on getting a conceal carry permit. you can get a conceal carry permit in every state in the country. the question here is what about those seven states, including new york -- or eight states including new york that put an additional burden on getting a concealed carry permit. the desire -- or need to show some special need for it, what the -- justice kavanaugh and chief justice john roberts say in their concurrence here, that

states don't necessarily have to say, all you have to do is show up and you get a concealed carry permit. that is the way it is in some states. but the court said here that states can still place some conditions on getting a concealed carry permit. they can require applicants to undergo a fingerprint check, a mental health check, a criminal records check, and show they can -- are proficient in handling firearms. this is not -- the court here is not endorsing simply, you ask and you get policy for concealed carry permits. that is the policy in some states. the court is leaving the door open for states, nonetheless, to make it a little more difficult to get a concealed carry permit. >> new york governor kathy hochul is speaking right now. let's go to those images. >> leadership or just looking at dates, everyone wants a little time to digest this. but i will say we are not powerless in this situation. we are not going to cede our rights that easily, despite the

best efforts of the politicized supreme court of the united states of america. we have the power of the pen. i want to read some language here. apparently, the supreme court has now decided with this far-reaching decision that the two-step standard that had been in place since heller versus mcdonald, where they analyze the second amendment where it combines history -- we have a history, yes, we do, but also means ends scrutiny. does the means of the restriction justify the infringement? and most people would say, yes, we have a right to protect people from gun violence. i'll simply say in our very quick analysis, because this is only minutes old, they have now said that the government must demonstrate the regulation is

consistent with this nation's historical tradition of firearm regulation. that's it. no longer can we strike the balance. only if a firearm regulation is consistent with this nation's historical tradition may a court conclude that the individual's conduct falls outside the second amendment's unqualified command. shocking. absolutely shocking. that they have taken away our right to have reasonable restrictions. we can have restrictions on speech. you can't yell fire in a crowded theater. but somehow there's no restrictions allowed on the second amendment. this is new york. we don't back down. we fight back.

and we'll be alerting the public, the media, in the very short term, exactly what our language we've been analyzing. we have language we'd like to now enact into law. i'll will be sharing that with e leaders. and i'm sorry this dark day has come. they were supposed to go back to what was in place since 1788, when the constitution of the united states of america was ratified. i would like to point out to the supreme court justices that the only weapons at that time were muskets. i'm prepared to go back to muskets. i don't think they envisioned the high capacity assault weapon magazines intended for battlefields. i guess we're going to have to disagree. so i'll return to our purpose of being here.

and let people know that our new laws are going to be looking at restrictions on sensitive locations, changing the permitting process, creating a threshold for those. we're going to have training requirements. we're going to make sure that people have concealed weapons training. we have a whole lot of ideas. and also look at a system where businesses and private property owners would have the right to protect themselves. so stay tuned. stay tune. we're just getting started here. >> and that was the live reaction from the governor of new york, cathy hochul, on the supreme court decision just announced. i want to go back to pete williams. pete, the issue of the sensitive areas that you mentioned early on, what exactly is that? >> well, that's area where is a state can basically say okay, you can get a concealed carry permit, but you can't carry your

gun in this sensitive place. so the court certainly leaves the door open for states to red line those areas where guns will not be permitted, where you can't carry a concealed weapon. you certainly can imagine what those areas would be, although the court doesn't define it. but i think that it's understandable why the governor says the state's been working on possible language here. it was quite obvious when this case was argued that new york was going to lose, and that the law was going to be struck down. they have had plenty of time to work on an alternative. the second thing is, the supreme court does not say there can be no restrictions on second amendment rights to carry guns. for example, one of the things the court says, as i noted earlier in the concurrence by the chief justice and brett kavanaugh, is that the court can, while they say it's unconstitutional to say that you have to show some special reason to want to exercise your second

amendment rights, nonetheless, they say that there -- states can restrict the kinds of background checks that are done, the sort of people that can get a gun. you can't just give it to anybody who asks. people can undergo background checks, mental health records and so forth. so there are still some restrictions. at least the court leaves the door open for states to put some restrictions on if they want to. >> chuck rosenberg, interesting, the governor's comments there, because it brought in a lot of issues, including assault weapons, et cetera. but this -- i'm taken aback, because i'm trying to understand better. the concealed weapons permit would be for outside the home, whereas you would think that it wouldn't really be needed inside a home. nobody that has a weapon has to have that concealed when they're at home. it's when they're outside of the

home. and chuck, it -- is it as broad and i'm glad that pete was explaining to us that it isn't just a complete broad, blanket, yes, everyone at any time, anywhere. >> well, right. there will be some restrictions. but let me just go back a step, jose. some people who own weapons want them in the home for self-defense. whatever you may think of that. and some people who own weapons want them in the home and outside the home for self-defense. what the supreme court said in 2008, in the hellor case, was that there is an individual right to bear arms. to hold weapons. to keep them in the home. a number of states, 43 states, passed laws, rules, regulations that said if somebody wants to carry outside the home, the

state shall issue it. seven states, including new york said not so fast. if you want to carry outside the home, you have to show proper cause. the supreme court has now today said in the bruin case that the proper cause standards in those states are too onerous, that they impinge on a second amendment right. whatever you may think of that, that means states that still want to restrict carrying weapons outside the home now need to define what sensitive places are. second amendment rights have just become broader for most americans. >> i want to bring in thomas goldstein, two has argued dozens of cases before the supreme court. what is your reaction to this today? >> well, we have known this day was coming. the supreme court, as was said over a decade ago, did announce that there is a second amendment right. but as the court has become more conservative, it's been apparent that they were going to be more

and more state laws struck down. and the first up were going to be the most restrictive when it comes to concealed carry, because you're talking about six or seven different states. the justices have take an big step forward in saying that there is the right to have the gun outside the home, that an individual doesn't have to justify it by some special fear or security need. but there are dozens and dozens of fights still coming. the question is, with six conservatives on the court, how far are they willing to go in striking down state restrictions. >> thank you all so much for being with me this morning. that wraps up the hour for me. thank you for the privilege of your time. chris jansing picks up with more news after a quick break. news after a quick break excuse me! enjoy the minions menu at ihop. for a limited time kids eat free! and catch minions: the rise of gru. pain hits fast.

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decision, and the high court just struck down a new york state law that restricted concealed carry hand gun permits. the ruling, 6-3, with all of the courts liberal dissenting. the court ruling that the constitution provides a right to carry a gun outside the home. the new york law is that is at the enltser of this case banned carrying hand guns openly but allowed forpply for a license, but residents were required to show a special need to get that concealed carry permit. gun owners argue that the requirement made it virtually impossible for ordinary citizens to get what they needed to conceal carry. the decision comes as the senate inches closer to passing a bipartisan gun safety law, and the u.s. reckons with near constant violence in virtually every aspect of life, from going to school, to church, even to supermarkets. let's bring in nbc news justice correspondent pete williams, former