William & Mary Bill of Rights Journal
Abstract
Part I of this Note provides a brief overview of current firearm prohibitions at polling locations and examines the legislative justifications for these restrictions. Recently, an increasing number of states have enacted firearm prohibitions as a prophylactic measure against voter intimidation and disruption. Part II applies New York State Rifle & Pistol Ass’n v. Bruen’s history and tradition test to determine whether these prohibitions pass constitutional muster under the Second Amendment. Indeed, a critical examination of historical voting laws in America shows a compelling history of limiting firearms near polling locations. Part III examines similar themes in First Amendment jurisprudence, comparing firearm-free zones to those of the electioneering limitations upheld in Burson v. Freeman. Finally, Part IV turns to whether merely carrying firearms, without more, at a polling location can establish a voter intimidation claim under federal voting rights laws.
This abstract has been taken from the author's introduction.