Will Baude

Dan, where are we?

The two cases... I don't know if you remember this, Dan, but when we were here last year, I think we also did an argument preview about gun cases.

I think last year it was the Smith and Wesson lawsuit brought by the state of Mexico.

Yeah.

So this is a case that comes from one of my favorite states, Hawaii, where until recently there were basically no guns because Hawaii required you to get a permit to openly carry a firearm in public and then didn't give anybody permits, which was a nice trick.

Right.

Right.

Right.

So afterwards— Some kind of right.

Exactly.

So we know—and then in Bruin, the court said, you know, there's a presumptive right to carry.

Now, of course, dangerous people can be disarmed, we later learn, in a case called Rahimi.

The court says in Bruin that the government can restrict you from carrying firearms into so-called sensitive places, but it doesn't really tell us what is a sensitive place except to say that you can't say that, like, all of the island of Manhattan is a sensitive place.

There's litigation now about like, but can you say the subway is a sensitive place, which might for many people be de facto the same as saying Manhattan.

And one of the things several jurisdictions did, including New York, including Hawaii after this, was to try to pass new laws restricting the carrying of weapons in public now that suddenly they had to let people carry weapons in public.

The private property owner has the right to tell you you can't come in and has the right to tell you you can't come in conditionally on carrying a firearm.

No guns here.

Oh, I think that's not, it's not at all clear that the Texas or Florida couldn't do that.

And I think some states have laws that give at least some of those rights.

property rights in some way that would make it a taking or a due process violation if if the state were to go much further and say that you can always you know you go to someone's house you can always bring your gun even if they don't want you to so there's a case about this involving shopping malls in california uh where the court said you know the first amendment does not give you a right to leaflet in private shopping malls it's private property there's no state action