Category: Public Carry
Last Thursday, the Supreme Court held in New York State Rifle & Pistol Association v. Bruen, that New York’s policy of limiting licenses to carry pistols to those who can show “proper cause” is unconstitutional under the Second and Fourteenth Amendments. I will have more to say in the coming days about some of the […]
The title of Saul Cornell’s recent blog post—The Myth of Non-enforcement of Gun Laws in Nineteenth Century America—leaves the impression that I will argue that nineteenth-century gun restrictions went unenforced. I will make no such argument. In some places, laws regulating the carrying of weapons were enforced strictly. In others, they were ignored. Some authorities […]
Last week, airport security screeners detected that Rep. Madison Cawthorn was carrying a loaded 9mm handgun. Rep. Cawthorn was not the first Member of Congress caught with a gun at the airport. (For another recent example involving Rep. Ross Spano (R-Fla.) see here.) Nor was this the first time that Rep. Cawthorn brought a gun […]
The Right to Bear Arms (Openly?) in the Supreme Court: Did the Bruen Petitioners Err by Seeking Only a New York “Concealed-Carry” License?
Since at least Marbury v. Madison, the Supreme Court has recognized that a litigant may not be able to secure judicial relief if he seeks the wrong remedy. A question about the proper remedy is brewing in New York State Rifle & Pistol Association, Inc. v. Bruen. Bruen involves plaintiffs who have unsuccessfully sought unrestricted […]