State Gun Laws And Public Opinion

Summary

Let’s begin with some general context: Nationwide, 66% of those with an opinion favor a Supreme Court ruling that the Second Amendment includes a right to possess a gun outside the home. When it is presented as a matter of state policy choice (law), 62% favor allowing concealed carry of handguns with a permit or license required. So public opinion substantially favors allowing “licensed concealed carry” of handguns.

In contrast, there is substantial majority opposition to laws allowing concealed carry without a licensing requirement. Concealed carry without a license requirement is supported nationwide by 19% and opposed by 81%.

In fact, even in the 25 states with “permitless concealed carry” laws, a minority of 28% of adults favor such laws, while 72% are opposed to them, based on a May 2022 Marquette Law School Poll national survey conducted last month (before the school shooting in Uvalde, Texas). And state surveys, by other polling entities, in Texas and Tennessee (states with permitless concealed carry laws) found 34% and 39% favored these laws, respectively, with 59% opposed in both states.

State gun laws

In the following analysis, state gun laws are grouped into four categories.

  • Twenty-five states have adopted laws allowing “permitless” concealed carry, requiring no license or permit to have a concealed weapon. (This includes states that have adopted such a law that will go into effect by Jan. 1, 2023.)
  • Ten states have “shall issue” laws, which give no discretion over issuing a license or permit to an applicant meeting the criteria specified by law.
  • Seven states have “shall issue” laws, which allow some discretion over issuing a license or permit if the applicant is judged to raise some public safety concerns.
  • Eight states and the District of Columbia have “may issue” laws, which give authorities greater latitude in determining when to issue a license or permit.
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Liberals and conservatives both perceive the Supreme Court as acting against their preferences

The latest Marquette Law Poll found that approval of the U.S. Supreme Court fell by 11 percentage points from July to September. This change was driven by a 22-point decline among Democrats and a 10-point decline among Independents. Republican approval stayed about the same.

This follows the Court’s narrow September ruling declining to halt Texas’ ban on abortions after six weeks of pregnancy. Other recent controversial decisions included striking down the CDC’s eviction moratorium and preventing the Biden administration from ending Trump’s “remain in Mexico” policy for asylum seekers.

Majorities of Republicans approved of all three of these decisions. Democrats disapproved of each, but more of them lacked an opinion about the CDC moratorium decision and the remain-in-Mexico decision.

Attitudes to Supreme Court decisions
Marquette Law School Supreme Court Poll, September 2021, n = 1,411
Heard nothing at all Heard of but not enough for an opinion Favor Oppose
End CDC moratorium
Republican 18% 20% 57% 5%
Independent 13% 34% 39% 14%
Democrat 17% 33% 22% 27%
Reinstate remain-in-Mexico policy
Republican 13% 8% 76% 2%
Independent 21% 24% 34% 20%
Democrat 14% 25% 17% 43%
Uphold 6-week abortion ban
Republican 11% 15% 57% 17%
Independent 10% 16% 27% 47%
Democrat 7% 12% 9% 71%

In light of this, it makes sense that Democratic approval of the court plummeted, but why didn’t Republican approval grow?

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Remembering Shirley S. Abrahamson: Wisconsin’s First Woman Supreme Court Justice

Shirley Abrahamson with raised right hand, taking oath in 1976.
Shirley Abrahamson is sworn into the Wisconsin Supreme Court in 1976 by late Chief Justice Bruce Beilfuss.

On Saturday, December 19, former Wisconsin Chief Justice Shirley S. Abrahamson, died after battling pancreatic cancer. She was 87. Just two ways she was like another famous, short, tough, trailblazing Jewish jurist: Ruth Bader Ginsburg.

Abrahamson, the daughter of Polish Jewish immigrants who arrived in the United States in the early 1930s, grew up in New York City. She graduated magna cum laude from NYU with her bachelor’s degree in 1953. Three years later, she graduated first in her class from Indiana Law School; she was also the only woman.

She met her husband Seymour in Indiana; they moved to Madison in the early 1960s, where Abrahamson earned her S.J.D. from UW Law in 1962. Thereafter, she became the first female lawyer at the Madison law firm La Follette, Sinykin, Doyle & Anderson. She was named a partner within a year. All throughout the time she was in practice, she also taught at UW Law.

In 1976, then-Governor Patrick Lucey appointed her to the Wisconsin Supreme Court’ she was the first woman to serve there.

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