“The result is a surprisingly free hand for states to determine who should and should not be armed, even in contravention of the Supreme Court’s dictates,” the professors argue.
“Going forward, the doctrine will either provide cover for left-leaning states to disarm potentially dangerous citizens, even in tension with Second Amendment principles,” they write, “or it will be weakened, reinvigorating civil liability as a mechanism for policing the police.” “The possibility of qualified immunity as a gun control law thus poses a dilemma for the conservative voting public,” they argue. “Support qualified immunity and police, at the expense of gun rights, or vice-versa?”
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