An appeals court held that alleged domestic abusers have a right to bear arms. Five justices may disagree.
, I am fairly confident that five justices will reverse the 5th Circuit and uphold a variety of laws that our ancestors would have rejected, including the federal ban on owning a gun while subject to a restraining order for domestic violence. Why? Because I do not think five justices agree with. Yes, it was a 6–3 decision. Yes, every justice in the majority joined Thomas’s opinion in full.
First, he clarified that the decision does not affect “the existing licensing regimes” in 43 states that let any law-abiding adult carry a concealed weapon. “As the court explains,” Kavanaugh declared, “New York’s outlier may-issue regime is constitutionally problematic because it grants open-ended discretion to licensing officials and authorizes licenses only for those applicants who can show some special need apart from self-defense.
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