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Dan Epps

๐Ÿ‘ค Speaker
2954 total appearances

Appearances Over Time

Podcast Appearances

Divided Argument
Ayn Rand Graffiti

Because it would just be individual property owner's choice shaping whether the weapon was able to be brought on the property.

Divided Argument
Ayn Rand Graffiti

But I think they matter because we assume, and this seems accurate, that most property owners and most businesses are just not going to

Divided Argument
Ayn Rand Graffiti

make an explicit choice one way or the other.

Divided Argument
Ayn Rand Graffiti

So this is a default rule that is going to control a large number of cases in places.

Divided Argument
Ayn Rand Graffiti

So I guess kind of the question in this case, so this is, to back it up one second, this law and several other states' laws like it were passed in the wake of the court's decision in Bruin, right, which, you know, I'd say expanded the scope of Second Amendment rights or at least elucidated the court's understanding of Second Amendment rights in a way that does, you know,

Divided Argument
Ayn Rand Graffiti

you know, limit what states can do.

Divided Argument
Ayn Rand Graffiti

And so this is a potential workaround.

Divided Argument
Ayn Rand Graffiti

And so the weird thing about the case is...

Divided Argument
Ayn Rand Graffiti

this is sort of what I was getting at earlier, there's kind of disagreement about whether this is a Second Amendment case at all, if that makes sense, right?

Divided Argument
Ayn Rand Graffiti

It's like, do you even, is this just a property case, right?

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Ayn Rand Graffiti

Is this just a question about, you know, how a state shapes its property rules?

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Ayn Rand Graffiti

And obviously those choices might have downstream implications for people's ability to carry weapons, right?

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Ayn Rand Graffiti

Or is this just a case about, you know, the state trying to burden a right directly?

Divided Argument
Ayn Rand Graffiti

In part, I guess that's because there's a well-established default rule there that you're not allowed to spray paint on someone's house unless they give you permission to do so.

Divided Argument
Ayn Rand Graffiti

Do you think you can have a default rule that just says you can't go up to someone's door, period, regardless of the purpose?

Divided Argument
Ayn Rand Graffiti

And that is a property rule, right?

Divided Argument
Ayn Rand Graffiti

Because, you know, the property owner owns the walkway up to their door.