Tag: Concealed Carry
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Will the Gun Free School Zones Act Undermine Bruen?
Yesterday saw the most significant effort to date by a lower federal court to “narrow from below” the Supreme Court’s decision in New York Rifle & Pistol Association v. Bruen. That decision held that the Second Amendment secures the right of individuals to carry firearms in public for self-defense. Yet, using the Federal Gun Free School Zones Act,…
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Pretextually Eliminating the Right to Bear Arms through Gerrymandered Property Rules
When the Supreme Court required public school desegregation in Brown v. Board of Education, some Southern jurisdictions resisted through legal chicanery. In Virginia, the Prince Edward County school district “closed” its public schools to avoid integration, while setting up government-funded private schools that were “private” in name only. The Supreme Court was not amused. In Griffin v.…
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New York After Bruen
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…
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The Myth of the “Massachusetts Model”
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…
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Guns at the Airport: Madison Cawthorn and the Increase of Firearms Detected by TSA
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…
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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…
Standing His Ground 