This analysis breaks down the legal concept of 'sensitive places' in Second Amendment law, particularly in the context of the Coons and Seagull v. Attorney General of New Jersey case before the Third Circuit. It argues that for a location to be considered a constitutionally permissible gun-free zone, the government must provide comprehensive security, analogous to TSA or federal courthouses, and that broad justifications like 'vulnerable people' or 'public congregation' are insufficient without this security.
The Ninth Circuit Court of Appeals heard oral arguments in Baird v. Bonta, a case challenging California's restrictive open-carry laws. The current laws severely limit open carry, requiring permits only in counties with under 200,000 residents, and even then, permits are county-specific and have reportedly never been issued. Judge Van Dyke expressed skepticism towards California's licensing scheme, likening it to suing the DMV for a disallowed activity. However, the speaker anticipates a potential loss at the three-judge panel level, though further appeals to the Supreme Court remain an option.
The Ninth Circuit Court of Appeals has denied an en banc rehearing for the May v. Bonta case, upholding a previous three-judge panel's decision that partially restricts firearm carry in California under SB2. While some locations like hospitals and churches were restored for carry, many others including parks, playgrounds, and stadiums remain off-limits. This decision means the current sensitive location restrictions in California will stand unless further appealed to the Supreme Court or a final judgment is reached at the district court level.
This video defines Constitutional Carry and Permitless Carry, clarifying the distinction between the two. It highlights that Constitutional Carry means a state allows legal firearm possession without a permit, while Permitless Carry may involve additional qualifications. As of September 2023, 27 states have adopted some form of Constitutional or Permitless Carry, making the US a majority Constitutional Carry country. The USCCA offers a reciprocity map resource to understand these varying state laws.
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