Bearing arms in “sensitive places”

As the U.S. Supreme Court gets ready to hear New York State Rifle and Pistol Association v. Bruen , the Court may consider whether to elaborate on its statement in District of Columbia v. Heller that bearing arms may be prohibited “in sensitive places such as schools and government buildings.” In this post, I will describe the legal history of laws against bearing arms in “sensitive places,” and will suggest some guidelines for courts to use. Some of the citations for the discussion below can be found in my article The “Sensitive Places” Doctrine: Locational Limits on the Right to Bear Arms , 13 Charleston Law Review 205 (2018), coauthored with Joseph Greenlee. The Office of the Solicitor General of the United States cited the article in its Bruen brief , regarding the University of Virginia’s 1824 ban on firearms for students. This post will first discuss some general issues about sensitive places. Then it will describe the legal history of arms bans in places that have sometimes been said to be sensitive places. Finally, the post will suggest some guidelines for addressing sensitive places issues. Predictions about judicial burdens In Bruen , some amici argue that recognizing the right to bear arms would overwhelm the courts. As a section header of the amicus brief led by retired Fourth Circuit Judge Michael Luttig puts it, “The Second Amendment Interpretation Urged by Petitioners Would Either Invalidate the Multiple-Location Restrictions On Public-Places Carry In Dozens of States Or Require Decades of […]

Click here to view original web page at Bearing arms in “sensitive places”

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.