Gun-Free Locations: Where Can the Gov Ban Firearms?
Under Second Amendment jurisprudence, states are permitted to restrict guns in "sensitive places." This traces back to the landmark Supreme Court opinion of D.C. v. Heller (2008). In that decision, the majority opinion explains that "sensitive places" could provide justification for gun restrictions, and provided examples of "schools and government buildings." The 2022 decision NYSRPA v. Bruen returned to the legal concept of sensitive places, so we asked Second Amendment scholar Prof. Joseph Blocher to provide his analysis of what can be included in the list, what cannot be, and what sensitive places doctrine means for Second Amendment jurisprudence going forward.
Joseph Blocher is a leading Second Amendment scholar and a professor of law at Duke Law School where he serves as co-director of the Duke Center for Firearms Law.
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0:00 Introduction of Second Amendment scholar, Prof. Joseph Blocher of Duke Law School
0:18 "Sensitive places" under the Second Amendment?
0:47 The origin of sensitive places in D.C. v. Heller (2008)
1:22 Other prominent cases on "sensitive places"
1:52 Sensitive places under NYSRPA v. Bruen (2022)
3:21 Justice Thomas list of sensitive places in Bruen
5:20 Sensitive places test suggested by Justice Alito
6:02 New legislation on sensitive places
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