Tag: Open Carry
-
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,…
-
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…
-
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 