After Justice Thomas ruled that law-abiding citizens can “carry handguns publicly for self-defense,” many federal court decisions were issued as judges tried to determine if new and old laws met the new standard. Whiplash court rulings create confusion:
People wait to submit their pistol permit applications at the Niagara County Clerk's Office in Lockport, N.Y., Aug. 31, 2022.
Seifer has been compelled to change his curriculum each time — and some of those whom he has taught have brought guns to locations where they are barred, accidentally violating a law that refuses to stay put.“It’s an eye-opening experience for them,” Seifer said. “People are having a hard time understanding what they need to do.”
After the ruling, more than 100 federal court decisions have been issued as judges around the country have tried to determine whether new and old laws alike meet the new standard, according to a paper by Jacob Charles, a professor at Pepperdine University’s law school who tracks American gun regulation.Laws have come under scrutiny in more than 25 states, including Texas, where a federal judge wrote that the Supreme Court had made a felon’s possession of a firearm “presumptively constitutional.
“If not, most of the body of law Congress has developed to protect both public safety and the right to bear arms might well be unconstitutional,” wrote Miller, who was appointed in 1985 by President Ronald Reagan. He added that it was an insult to the drafters of the Constitution “to assume they were so shortsighted as to forbid the people, through their elected representatives, from regulating guns in new ways.
When judges are confused about constitutionality, the public doesn’t stand much of a chance. New York’s old law, which required those seeking permits to carry guns in public to show that they had a heightened need to defend themselves, stood for more than 100 years. But Thomas wrote that carrying guns was a constitutional right and thus people did not need to justify it by “demonstrating to government officers some special need.
Later that month, another judge, John L. Sinatra Jr., blocked the portion of the law that barred firearms in houses of worship because he could not find an “American tradition” that supported it. The state appealed Sinatra’s ruling, too. The relevant portions of the law went back into effect.“It makes it very hard to predict what to do next,” said state Sen. Brad Hoylman-Sigal, who has pushed for tougher gun restrictions. “I feel like it’s almost a game of whack-a-mole.
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