I actually fully expect many of these laws to be struck down, eventually, as they are pretty clearly in violation of the new tradition scrutiny brought on by Bruen. Heller is probably already gearing up for it lol.
What I expect to stay is stuff like the ban on the Federal areas like the mall, as it would likely fall under the “sensitive places” allowance. It will be interesting to see if the Washington DC ban on carry in any place that holds an alcohol license covers that, however.
Personally, I think that if you set up a gun-free zone you should actually fence/wall it off and have security to ensure it stays that way. All the federal areas that prohibit carry are already 2A and 4A free zones, so it’s not really a stretch to move from “you may be searched at all times” to “you will be searched every time”.
If we are to look at historical tradition, banning concealed and open carry would be okay, registration would be fine, regular inspection would be fair game, and requiring an oath to the government would be fine since all of those were common when the 2nd Amendment was passed. However, I don’t expect the current Supreme Court to consider that aspect though since they clearly cherry picked tradition on abortion rights and referenced a Witch Trial juror to back up their view instead of someone more relevant like Ben Franklin who wrote about common abortifacients and how to use them.
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Tell that to the founders who were quite fine with them.
I actually fully expect many of these laws to be struck down, eventually, as they are pretty clearly in violation of the new tradition scrutiny brought on by Bruen. Heller is probably already gearing up for it lol.
What I expect to stay is stuff like the ban on the Federal areas like the mall, as it would likely fall under the “sensitive places” allowance. It will be interesting to see if the Washington DC ban on carry in any place that holds an alcohol license covers that, however.
Personally, I think that if you set up a gun-free zone you should actually fence/wall it off and have security to ensure it stays that way. All the federal areas that prohibit carry are already 2A and 4A free zones, so it’s not really a stretch to move from “you may be searched at all times” to “you will be searched every time”.
If we are to look at historical tradition, banning concealed and open carry would be okay, registration would be fine, regular inspection would be fair game, and requiring an oath to the government would be fine since all of those were common when the 2nd Amendment was passed. However, I don’t expect the current Supreme Court to consider that aspect though since they clearly cherry picked tradition on abortion rights and referenced a Witch Trial juror to back up their view instead of someone more relevant like Ben Franklin who wrote about common abortifacients and how to use them.
Yeah the tradition scrutiny is concerning but there’s not much to do about it.
It seems that strict scrutiny would still have been serviceable.
You can see my reply to SeaJ which gives more context I think.
The area this person was in is already an area where your rights are severely curtailed. You can be searched at any time, for instance.