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Reason
Reason
Politics
Josh Blackman

Where is Times Square?

Heller explained that public carry could be restricted in so-called "sensitive" places. And Bruen reaffirmed that limitation. Just in case anyone forgot, Justice Kavanaugh's concurrence block-quoted the worst passage from Justice Scalia's majority opinion. Bruen did not have occasion to define a "sensitive" place. But one specific locale popped up during oral argument.

Justice Barrett asked about banning guns in Times Square on New Year's Eve:

JUSTICE BARRETT: I mean, I guess it's about the level of generality, all these questions that Justice Kagan's asking you or that the Chief asked you, if -- if you concede, as I think the historical record requires you to, that states did outlaw guns in sensitive places, can't we just say Times Square on New Year's Eve is a sensitive place? Because now we've seen, you know, people are on top of each other, we've -- we've had experience with violence, so we're making a judgment, it's a sensitive place.

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