Oct 26, 2021

Postscript

The Supreme Court, Concealed Carry, and How Your Laws Might Change

Joseph Blocher and Jacob B. Charles

Hosted by Susan Liebell

Summary

The American media has been focused on the Supreme Court’s upcoming abortion cases but a decision in a critical Second Amendment case could overturn public safety laws for 25% of Americans. Next week, the Court will hear arguments in New York State Rifle & Pistol Association v. Bruen, a challenge to a 1911 New York State law that limits carrying guns outside the home. New York is a “may issue” state in which applications for concealed carry are not automatically granted but reviewed to determine if the person has “proper cause” to conceal a gun. We’ve not seen a Second Amendment case since Heller v. District of Columbia in 2008 and McDonald v. City of Chicago in 2010 -- and this case will be heard by a Court that now has 3 conservative appointments made by former President Donald Trump. Two Second Amendment scholars join the podcast to go wide and deep on the astonishing implications for our laws.

Joseph Blocher is the Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for DC in Heller. He co-authored Free Speech Beyond Words: The Surprising Reach of the First Amendment (NYU, 2017) with Mark Tushnet and Alan K. Chen and The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller in 2018 (New Books interview here). His recent “When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller” (Northwestern University Law Review, Vol 116, 2021) with Reva Siegel interrogates the impact of gun rights on free speech.

Jacob D. Charles, the Executive Director & Lecturing Fellow at the Center for Firearms Law at Duke University School of Law. His work on the Second Amendment has appeared in numerous law journals and his public-facing scholarship includes work with CNN, NPR, Politifact, NewsWeek, and Mother Jones. “Securing Gun Rights By Statute: The Right To Keep and Bear Arms Outside the Constitution,” (forthcoming, University of Michigan Law Review) interrogates the non-constitutional gun rights that create broad powers for gun owners beyond the Second Amendment.

Daniella Campos assisted with this podcast.

Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia.