Will Baude

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

Then California said, well, that's okay.

The good people of California will give you a right to a leaflet in shopping malls.

And the shopping mall said, that's a taking and or compelled speech.

And the speaker said, no, this is just something where the state can go either way.

So similarly, there's been some scholarship about the right to keep and bear arms, arguing that the right to bear arms includes the right – implies the right not to bear arms.

And that implies that property owners should have a right to not allow any arms bearing on their property, like a Second Amendment right, the same way there's a First Amendment right, not to have live free or die on your license plate and not to have Ayn Rand stickers or whatever on your laptop.

I don't know why you wouldn't want them.

No, I have an Ayn Rand pin.

I went with the Chief Justice Roberts pin today, but I have an Ayn Rand pin.

Does every justice have a pin?

I won it in a trivia competition.

I'm very proud of it.