" /> Public Carry | Duke Center for Firearms Law
Duke Center for Firearms Law
Duke Law logo

Public Carry

Guns on Campus Post-Bruen

Posted by on November 21, 2022

Last Monday, many of us awoke to the terrible news about a shooting at the University of Virginia on Sunday night that left three students dead and two others injured. Another public college not far away, Virginia Tech, was the site of a horrific mass shooting in 2007 that killed 32 people and injured 17 […]

As States Weigh New Sensitive Places Laws, How Might Current State Practice Impact Litigation after Bruen?

Posted by on October 19, 2022

After New York moved quickly post-Bruen to amend its gun laws to institute new application requirements and designate additional locations as sensitive places where guns are banned, the expectation was that other former may-issue states would follow suit.  That largely has not transpired yet, and New York’s law—including many of its locational restrictions—was temporarily restrained […]

Bruen’s Practical Impact: What We Know and Where We are Going

Posted by on October 12, 2022

In recent weeks, the Center has devoted a great deal of space to covering the legal implications of the Bruen decision, including how lower courts in New York, Virginia, Texas, and other jurisdictions have started to apply its history-focused framework.  But what about Bruen’s practical implications?  Has the decision impacted the number of people seeking […]

Antonyuk Round 2: Federal Judge Restrains Enforcement of Much of New York’s Post-Bruen Gun Law

Posted by on October 10, 2022

On October 6, Judge Glenn T. Suddaby of the Northern District of New York issued a decision partially granting a request for a temporary restraining order of New York’s revised gun law (the Concealed Carry Improvement Act, or CCIA).  The CCIA was passed on July 1, about a week after Bruen, and took effect on […]

Litigation Update: Antonyuk v. Bruen

Posted by on September 6, 2022

We previously summarized the preliminary injunction briefing in Antonyuk v. Bruen, a challenge to New York’s amended gun laws.  Following a hearing on August 23, Chief Judge Glenn T. Suddaby of the Northern District of New York denied the preliminary injunction motion and dismissed the case for lack of standing in an August 31 decision.  […]

McGraw, the Age of Majority, and the Enduring Relevance of the Second Amendment’s Prefatory Clause

Posted by on September 1, 2022

Jake recently covered the Northern District of Texas decision in Firearms Policy Coalition v. McGraw, which struck down Texas’ ban on the public carry of handguns by those under 21 years old.  In McGraw, the court reasons that the Second Amendment’s reference to a “well regulated militia” means that the amendment must necessarily protect the […]

Federal Judge Strikes Down Texas Gun Law Governing Under-21-Year-Olds

Posted by on August 31, 2022

Last week, in Firearms Policy Coalition v. McCraw, Judge Mark Pittman of the U.S. District Court for the Northern District of Texas struck down a Texas law that prohibited those under 21 from carrying handguns in public. The case illustrates many of the hallmarks that are likely to characterize post-Bruen litigation over contemporary gun laws. […]

Litigation Highlight: Montana Supreme Court Unanimously Upholds Permanent Injunction of Permissive Campus Carry Law

Posted by on July 29, 2022

Last month, in Board of Regents v. Montana, the Montana Supreme Court unanimously held that the state’s Board of Regents has the exclusive power to regulate firearms on Montana University System (MUS) campuses. The litigation involved a challenge to Montana House Bill No. 102 (HB 102), which would have allowed the possession and carrying of […]

New York’s Response to Bruen: The Outer Limits of the “Sensitive Places” Doctrine

Posted by on July 13, 2022

Immediately following the Supreme Court’s decision in Bruen striking down New York’s proper-cause permitting standard, New York Governor Kathy Hochul took to Twitter to call the decision “reckless[]” and “outrageous,” and pledged further action “to keep New Yorkers safe.”  Just over one week after the decision was issued, on Friday, July 1, New York state […]

Justice Breyer’s Dissent in Bruen:  The Generality Problem and the Pitfalls of Searching for Historical Means and Ends

Posted by on July 8, 2022

We previously reviewed and commented on Justice Thomas’ opinion for the Court and the three concurrences in New York State Rifle & Pistol Association v. Bruen.  This post is a deeper dive into the dissent, which stridently criticized the Court’s historical-tradition methodology as both dismissive of modern legislative objectives and unworkable in practice.   The […]

Bruen’s Concurrences: The Questionable Durability of the Bruen Majority, and Ruminations on Originalism and the Limits of Historical Inquiry

Posted by on July 6, 2022

Jake previously summarized and reviewed Justice Thomas’ opinion for the Court in New York State Rifle & Pistol Association v. Bruen.  This post unpacks the three concurrences, which potentially shed light on the scope of the Court’s holding and the “historical tradition” of regulation that will be relevant in future Second Amendment cases. Justice Alito […]

Litigation Highlight: Juzumas and Second Amendment Challenges to NY’s Longarms Surrender Requirement

Posted by on June 30, 2022

Last month, in Juzumas v. Nassau County, a Second Circuit panel ruled per curiam that New York’s statute governing licenses for firearm possession mandated that the defendant surrender his longarms once his pistol license was revoked. However, because the County policy purporting to implement this policy was unclear, the Court vacated the district court’s ruling […]

Bruen, Analogies, and the Quest for Goldilocks History

Posted by on June 28, 2022

On June 23, 2022, the Supreme Court issued its first major Second Amendment decision in a dozen years. In New York State Rifle & Pistol Association v. Bruen, the Court declared New York’s restrictive may-issue licensing law unconstitutional. The 6-3 decision written by Justice Thomas supercharges the Second Amendment and upends a host of settled […]

The Bruen Opinion

Posted by on June 24, 2022

Yesterday the Supreme Court issued its Bruen decision, holding that NY’s strict concealed carry law is unconstitutional and mandating that lower courts assess Second Amendment claims by reference only to history. We’ll be writing much more about it here, but today we have the Center’s annual firearms law works-in-progress workshop, so I’ll just post a link […]

NYSRPA v. Bruen and the Future of the Sensitive Places Doctrine

Posted by and on June 22, 2022

As we await the Supreme Court’s decision in NYSRPA v. Bruen—which will address the extent to which states can regulate public carry through licensing—the question of whether states can prohibit firearms in specific locations has become increasingly salient. During the Bruen oral argument, the justices posed hypothetical questions as to whether states could restrict firearms […]

The Myth of the “Massachusetts Model”

Posted by on June 16, 2022

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 Myth of Non-enforcement of Gun Laws in Nineteenth Century America: Evidence vs Ideology in Second Amendment Scholarship

Posted by on June 1, 2022

In his Bruen oral argument, former solicitor general Paul Clement erroneously claimed that there was no evidence of enforcement of restrictive gun laws before the Civil War. The non-enforcement thesis is the latest example of ideology distorting Second Amendment scholarship. Indeed, during the oral argument in Bruen, Justice Breyer took the unusual step of characterizing […]

Scholarship Highlight: New Research and Arguments about the Second Amendment

Posted by on May 11, 2022

There’s been a spate of new Second Amendment scholarship, including a just published piece by the Center’s own Joseph Blocher (with co-author Eric Ruben). There are also a couple of wide-ranging student pieces skeptical about/supportive of different gun regulations. Eric Ruben & Joseph Blocher, “Second-Class” Rhetoric, Ideology, and Doctrinal Change, 110 Geo. L.J. 613 (2022) […]

Exporting Open Carry Bans?

Posted by on April 20, 2022

Many states are becoming territorial about their residents. So territorial, in fact, that at least some legislators are proposing ways to functionally use their state’s criminal code extraterritorially. Proposals to criminalize conduct that facilitates women seeking abortion care outside the state have cropped up in Missouri. Other states target different sorts of conduct they deem […]

A New Call to Arms: Rewriting Second Amendment Threats

Posted by on April 13, 2022

The Protection of Lawful Commerce in Arms Act (PLCAA), codified at 15 U.S.C. § 7901 et seq., has nearly banished the specter of civil liability for covered gun industry entities. PLCAA was predicated on the claim that gun industry actors, including firearm manufacturers and sellers, were under siege from baseless lawsuits founded on novel legal […]

Essays from Privatizing the Gun Debate Conference

Posted by on April 1, 2022

On March 18th, the Center hosted a conference at the law school on Privatizing the Gun Debate. We were grateful to be joined by a dozen scholars, practitioners, and public officials to discuss the ways that firearms are increasingly being regulated outside legislative channels through actions like tort lawsuits and business policies. The keynote address was deliver […]

THT and Analogy

Posted by on March 30, 2022

On his Legal Theory blog, Larry Solum recently highly recommend a piece by Frederick Schauer & Barbara A. Spellman, Precedent and Similarity, forthcoming in T. Endicott, H. Kristjansson & S. Lewis (eds), Philosophical Foundations of Precedent (Oxford University Press). The piece describes a problem endemic in legal reasoning—the difficulty of establishing just what makes one […]

Scholarship Highlight: New Firearms Law Drafts on SSRN

Posted by on March 23, 2022

Here are a few new articles posted on SSRN in the last few weeks that draw connections between existing legal doctrine and the cultural and statutory changes in gun rights. Tyler Smotherman, Troubleshooting the Gun-Free School Zones Act: A Call for Amendment in the Age of Constitutional Carry When Texas became the most recent state […]

A Florida Movie Theater and Lethal Self-Defense

Posted by on March 2, 2022

On February 25, 2022, a Florida jury acquitted the former police officer who shot and a killed the man he argued with in a movie theater in 2014. Curtis Reeves wasn’t just any retired police officer, but a former SWAT commander. His defense counsel even argued that his past informed his perceptions of the threat […]

The Problem with Assumptions: Reassessing the Historical Gun Policies of Arkansas and Tennessee

Posted by on January 20, 2022

Scholarship on the subject of historical firearm laws has, whether knowingly or not, tended to take certain ideas for granted. Chief among these assumptions is that post-Civil War public carry laws have been the primary vehicle for creating a racially inequitable right to arms. There is also widespread acceptance of the notion that openly carrying […]

WP Twitter Auto Publish Powered By : XYZScripts.com