Analysis | What Kavanaugh’s gun case concurrence does — and doesn’t — mean

But as the opinion was handed down, two conservative justices sought to emphasize one of the few limits the majority endorsed. The significance of that will be the subject of plenty of debate in the future — and in courts of law themselves., Justice Brett M. Kavanaugh was joined by Chief Justice John G. Roberts Jr. in underscoring that this ruling doesn’t mean states can’t impose more objective licensing requirements for carrying a concealed weapon.

The Court’s decision addresses only the unusual discretionary licensing regimes, known as “may-issue” regimes, that are employed by 6 States including New York.By contrast, 43 States employ objective shall-issue licensing regimes. Those shall-issue regimes may require a license applicant to undergo fingerprinting, a background check, a mental health records check, and training in firearms handling and in laws regarding the use of force, among other possible requirements.

While these words are in a concurrence and not in the opinion of the court, they could be construed as “controlling” — that is, restricting interpretations of the opinion. That’s because Kavanaugh and Roberts form a necessary bloc when it comes to the six-justice majority. They could join with the three liberal justices in preventing the court from going further in striking down the laws in those 43 other states, which they emphasize remain valid. Kavanaugh’s concurrence also very notably re-ups the late Justice Antonin Scalia’s language fromin which Scalia assured the Second Amendment was “neither a regulatory straitjacket nor a regulatory blank check.

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