Heller’s distinctive focus poses a threat because the Court — changed by Trump appointments — is poised to expand constitutional protections for gun rights outside the home, without taking into account how the practice of public carry has changed in the last decade. “Open carry” advocates have sought, self-consciously and with some success, to normalize the presence of firearms in public spaces, from Starbucks to Walmart. (The National Rifle Association initially called this movement “downright weird,” but quickly backed down.)
Heavily armed right-wing groups, many explicitly invoking gun rights rhetoric, have dominated public spaces in scenes ranging from the Bundy ranch protests in 2014 to Charlottesville in 2017 and, more recently, a growing number of “gun sanctuary” rallies, Covid-19 lockdown demonstrations, and Black Lives Matter counterprotests.
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