New Jersey’s “Sensitive Places” Argued in 3rd Circuit En Banc
On February 11, the Third Circuit en banc heard oral argument in Koons v. Attorney General, which concerns New Jersey’s post-Bruen ban on firearm possession in numerous public places. A panel decision previously upheld 2-1 most of the verboten locations as “sensitive places” where the Second Amendment right does not apply. As I discussed here, the decision was based on a flawed misreading of supposed historical analogues. Its basic premise is that a “sensitive place” is anything a legislature says it is without Founding-era analogues and without providing comprehensive security like that in modern courthouses and in the sterile area of airports (once you go past TSA screening).
“New Jersey’s ‘Sensitive Places’ Argued in 3rd Circuit En Banc,” The Volokh Conspiracy, February 12, 2026.