2A “SENSITIVE PLACES” EXPLANATION. I wrote this to a Four Boxes Diner fan so I thought I would post it here too! This explains when government can ban guns in a specific location consistent with 2A based on US’s historical tradition of gun regulations. Let me know if this makes sense. The below is superior to the other theories folks have advanced elsewhere!
Mark’s Explanation:
In short, if a government does not provide comprehensive security with limited points of entry, metal detectors and armed guards, then it cannot be a constitutionally-acceptable government-mandated gun free zone. The only time the government can take away your fundamental 2A right to keep and bear arms in a specific location is when the government itself assumes the full responsibility for protecting you with armed defense; short of this, you have a right to protect yourself.
If you look at our Founding history, the three “sensitive places” mentioned in Bruen (polling places, legislative chambers and courthouses) all had armed guards. Sheriffs, sergeant at arms, and bailiffs.
Today, with the rise of small, concealable handguns (less of a problem at the founding where everyone carried unconcealable rifles/shotguns/long guns), to have comprehensive security, the gov’t must provide metal detectors and limited entry points in addition to armed guards. At the founding, you did not need metal detectors b/c the main weapons were big and not concealable. Today, with handguns being ubiquitous, you need the metal detectors for comprehensive security, which is what we see at airports, courthouses and Congress.
Note, the government does NOT have to provide comprehensive security at a location. However, if they want to ban guns in a location, then they MUST provide comprehensive security. No government-provided armed security means the government cannot deprive you of your 2A rights.
Finally, the practical benefit to the comprehensive security approach to the “sensitive places” question is it is an objective test: has the government ACTED to make a place “sensitive” or have they just paid lip service to the question by labeling a place as “sensitive” without treating it as such.
If the government has not provided the same level of security as is provided by the government to protect the judges in a courthouse, then it is not comprehensive security and, by extension, a gun ban would not be constitutional in that specific location.