Robert Leider
robertleider.bsky.social
Robert Leider
@robertleider.bsky.social
Associate Professor, George Mason University, Antonin Scalia Law School
Congress could also intervene. This law is designed to nullify the right to carry arms in public that Bruen recognized. I think Congress would be well within its powers to regulate public carry in Hawaii (and California, Maryland, and New York) under § 5 of the 14th Amendment. 3/3
January 15, 2025 at 7:43 PM
firearmslaw.duke.edu/2022/12/pret...
The plaintiffs have a reasonable chance at Supreme Court review. A clear circuit split exists on this issue. Hawaii's law effectively bans public carry throughout the state. Hawaii's law is also pretextual and serves no legitimate governmental interest. 2/3
Pretextually Eliminating the Right to Bear Arms through Gerrymandered Property Rules | Duke Center for Firearms Law
firearmslaw.duke.edu
January 15, 2025 at 7:43 PM
Also note that, contrary to the Warren-Blumenthal letter, the Constitution vests state legislatures, not governors, with primary authority to request federal assistance.
December 2, 2024 at 9:01 PM
But the federal government can defend federal law without relying on state law enforcement. See 10 U.S.C. § 252. Making federal enforcement subservient to state governments undermines the paramount authority of federal law. Imagine if that had been the policy during Jim Crow. 2/3
December 2, 2024 at 9:01 PM