Crandall Melvin Professor of Law Lauryn Gouldin discussed with Law 360 the impact that several recent Federal Circuit Court Second Amendment cases may have on upcoming U.S. Supreme Court cases.
Three years ago, in New York State Rifle & Pistol Association v. Bruen, the justices leaned on historical ties to modern firearm laws to rule that New York’s statute restricting carry licenses outside one’s home to those who can show “proper cause” was unconstitutional. Similarly, they may be inclined to strike down the federal gun ban as it applies to nonviolent felons for lack of a historical analog, according to Gouldin.
“There are some direct conflicts between the circuits, and those conflicts are strongest when you have different as-applied challenges for people whose underlying convictions weren’t for violent felonies,” she said.