How a Fake Citation Misled Courts to Uphold “Sensitive Place” Gun Bans

Source: Independent Institute
by Stephen P Halbrook

“Post-Bruen, courts have sought to uphold restrictions that ban firearms in various ‘sensitive places’ based on a misunderstanding of the Founding-era offense of going armed in a manner that terrorized the public. Antonyuk v. James upheld New York’s place restrictions based on its claim that Founding-era Virginia and North Carolina laws banned going armed per se in fairs and markets. However, it conceded that Virginia only prohibited going armed ‘in terror of the Country,’ but maintained that North Carolina had no such element of the offense, adding that place restrictions in the late 19th century followed the North Carolina model. That historical tradition of regulation, the Second Circuit held, justifies New York’s current law.” (05/06/26)

https://www.independent.org/article/2026/05/06/fake-citation-misled-courts-to-uphold-sensitive-place-gun-bans/