Stern's argument that it might be:
The U.S. Court of Appeals for the District of Columbia Circuit found a right to concealed carry outside the home. So did the 7th U.S. Circuit Court of Appeals. The 2nd U.S. Circuit Court of Appeals, by contrast, found no Second Amendment right to carry a concealed handgun in public. And the 9th U.S. Circuit Court of Appeals has split the baby, upholding limitations on concealed carry while invalidating restrictions on open carry.Well, I sure hope so. But I think there's plenty of room for a more limited solution.
Despite this circuit split, the Supreme Court has declined to take a public-carry case and resolve the matter once and for all. The main reason appeared to be Justice Anthony Kennedy, who compelled Justice Antonin Scalia to add limiting language to the Heller decision establishing an individual right to bear arms. Given Kennedy’s wobbly support of gun rights, the conservative justices avoided taking a case that might result in a 5–4 decision upholding public-carry bans. Now Kennedy is gone, replaced by Justice Brett Kavanaugh, a gun-rights enthusiast who takes a breathtakingly expansive view of the Second Amendment. With a firmly pro-gun majority in place, the conservative justices finally seem ready to supercharge Heller.
The reason is that NYC's ban is extremely vigorous. It bars you from removing a lawfully-owned firearm from your home except to take it to a shooting range within city limits (and therefore subject to the city's restrictions). The lawsuit is by gun owners who would like to be able to take their guns to shoot in tournaments outside the city, which is currently illegal because they'd be removing their lawfully-owned guns from the city limits. One would think that NYC would be delighted to have you do this, even if only for a couple of days, since they apparently believe that having the guns physically present in their town poses some sort of danger all by itself. At least for the weekend, my gun won't kill anyone in NYC if the gun is moved to Ohio for a shooting tournament, right? But even this obvious concession to sport shooters is refused by the city, which makes no concessions to gun owners except under duress.
You could easily rule, thus, "Eh, a city can't justify a ban on removing the guns from homes on the grounds of the public safety of others in the city if the guns are also to be removed from the city. You could insist that they be removed only in an unloaded and locked condition, and shipped separately from their ammunition, in order to ensure that the transportation itself posed no danger to anyone." That wouldn't get you to any kind of robust 'public carry.' It would only permit you to transport an unloaded firearm, separated from any ammunition.
Maybe Kavanaugh will be bloodthirsty after his confirmation hearings, though. SCOTUS doesn't have to be nice.
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