Duke Law School professor Joseph Blocher says the U.S. Supreme Court's new fixation on 'historical analogues' will create headaches for cities and states trying to pass gun restrictions based on modern concerns.
Make your contribution now and help Gothamist thrive in 2022.Times Square remains a “gun free zone," likewise the New York City subway, theaters and bars – this after a federal appellate court last week restored new gun-carrying restrictions that were partially blocked by a U.S. District Court judge.The New York measures were enacted after thein June invalidated a century-old state law that kept a tight lid on permits allowing licensed gun owners to carry concealed handguns in public.
Morning Edition host Michael Hill recently discussed the legal back-and-forth with Duke Law School Professor Joseph Blocher, who is co-director of the Duke Center for Firearms Law.Michael Hill: Professor, good morning.officials, too, continue to press for ways to keep legal guns out of public places. Remind us how the Supreme Court has made that an exceedingly difficult proposition.New York State Rifle & Pistol Assn. Inc. v.
is that evaluating the constitutionality of gun laws going forward is a solely historical matter – that we look just to the constitutional text and to constitutional tradition and not, for example, to questions like, “Well, does this gun law work in preventing deaths or preventing terror and intimidation?” And that is a radical new approach to constitutional law, which raises all kinds of hard questions.
MH: I'm wondering if courts are missing the mark on this when you start thinking about what states and cities and counties are up against in real time right now.test that the Supreme Court gave us, that it is willfully disdainful of modern empirical evidence.
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