Guns and Voting

policy report
Guns and
Voting
How to Protect Elections After Bruen
By Sean Morales-Doyle, Robyn Sanders, Allison Anderman, and Jessica Ojeda
PUBLISHED SEPTEMBER 18, 2023, UPDATED SEPTEMBER 28, 2023
Brennan Center for Justice at New York University School of Law

Giffords Law Center to Prevent Gun Violence
Table of Contents
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
I. Recent Changes in Gun Regulation Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
The Supreme Court Constrains Regulation, Causing Uncertainty . . . . . . . . . . 5
Many State Legislatures Embrace Deregulation. . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. Disinformation Sows the Seeds of Political Violence . . . . . . . . . . . . . . . . . 9
The Covid-19 Pandemic Accelerates a Shift to Mail Voting. . . . . . . . . . . . . . . . . 9
Politicians Spread Disinformation and Provoke Violence . . . . . . . . . . . . . . . . . . 9
III. Increased Gun Violence, Mass Shootings, and Extremism . . . . . . . . . . . 12
IV. States Must Act to Protect Voting from Violence and Intimidation. . . 13
Prohibit All Guns in and Around Sites Where Elections Take Place. . . . . . . . . 13
Strengthen Anti-Intimidation Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
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2 Brennan Center for Justice / Giffords Law Center Guns and Voting
Introduction
O
ver the last 20 years, several distinct developments have increased the risk of
gun violence in American elections. A marked shift in the U.S. Supreme Court’s
approach to the Second Amendment and an aggressive pro-gun movement
have caused significant deregulation of guns in some states and cast a shadow of legal
uncertainty on strong gun regulations in others. Moreover, as the political system has
grown more polarized and prone to violence, politicians have spread disinformation
about voting rules to sow distrust in our democracy.
The result: voting and elections have become the targets and early voting due to the coronavirus pandemic. Endeav-
of threats and intimidation just as the nation faces a oring to overturn the results of the 2020 presidential elec-
proliferation of guns, more frequent gun violence, and tion, then President Donald Trump and his allies launched
fewer legal protections. This is a toxic combination. Still, massive disinformation campaigns targeting this expanded
most states’ laws do not adequately protect voters or the access to voting, claiming that the election was “rigged”
election system. and that election administration officials were engaged in
The 2024 election will unfold in a transformed legal fraud. This election denial movement has spread beyond
environment. In a majority of states, gun advocates have Trump and reached into state and local elections, fueled
successfully pushed deregulation of firearms in legisla- by conspiracy theories about mail voting, drop boxes, elec-
tures and the courts. In 2010, only two states let people tion officials, poll workers, and ballot counting.
carry concealed firearms in public without a permit or From its inception, threats of political violence
background check. Now, 27 states allow “permitless marked this movement. The most prominent example,
carry.” While other states have strengthened gun regula- of course, was the January 6, 2021, attack on the U.S.
tions during this period, the Supreme Court has threat- Capitol. But even in the hours and days immediately
ened their ability to do so. Last year, in New York State following the 2020 election, armed protesters gathered
Rifle & Pistol Association, Inc. v. Bruen, the Court forced outside ballot-counting facilities. And in the years
the six states with the strongest concealed carry laws, as since, election officials and poll workers have come
well as Washington, DC, to weaken their restrictions.1 And under attack, experiencing a shocking volume of
it announced an entirely new test for evaluating the threats, including threats of gun violence. Voters as well
constitutionality of gun regulations, inviting a wave of have faced novel forms of intimidation, including armed
litigation. Courts have already issued more than 450 deci- surveillance of drop boxes.
sions analyzing Bruen in Second Amendment challenges With more guns and more political polarization and
to gun laws.2 violence, states need strong laws to limit risk. In Bruen,
In this environment, guns have proliferated. The United the Supreme Court recognized that prohibitions on guns
States now has more guns than people. In 2020 and 2021, in “sensitive places” — and specifically in “polling places”
the social unrest caused by the pandemic, unprecedented — were “presumptively lawful.” Yet today only 12 states
racial justice protests, and the presidential election and and Washington, DC, prohibit both open and concealed
its aftermath drove gun purchasing to record levels — carry of firearms at poll sites. Ironically, the states with
more than 42 million guns were sold in those two years the strongest gun regulations — which had restricted the
alone. Violence rose. Compared with historical averages, ability to carry guns in public generally, rather than
the period between March 1, 2020, and February 28, 2021, prohibiting guns in particular locations — were made
saw a 15 percent increase in firearm-related incidents, a most vulnerable in the wake of Bruen. In fact, only one of
34 percent increase in nonfatal gun injuries, and a 28 the six states that had their laws struck down by the deci-
percent increase in gun deaths.3 Then, in 2022, applica- sion specifically prohibited guns in polling places at the
tions for permits to carry guns in public in the states time of the decision.
directly affected by Bruen sharply increased. In the first Now these states that once had strong general gun laws
three weeks following the decision, applications in Mary- must scramble to enact new protections for elections.
land rose to 700 percent of the level that they had been Although some states have banned guns at polling places
the year prior.4 since Bruen, there is far more work to do.
Meanwhile, American democracy has been facing new This report evaluates the new risks that gun violence
and unnerving pressure as the result of a growing election poses for U.S. elections and proposes policy solutions
denial movement. In 2020, states expanded voting by mail to limit those risks. Solutions include prohibitions on
firearms wherever voting or election administration anyone else facilitating voting, with express recognition
occurs — at or near polling places, ballot drop boxes, of the role that guns play in intimidation.
election offices, and ballot counting facilities. In addi- American elections remain, by and large, peaceful. To
tion, states need stronger laws preventing intimidation keep them that way, state legislatures must keep guns
of voters, election officials, election workers, and away from voting.
I. Recent Changes in Gun Regulation Laws
I
n 2008, in District of Columbia v. Heller, for the first time in history, the U.S.
Supreme Court interpreted the Second Amendment to the U.S. Constitution to
protect a law-abiding citizen’s right to possess an operable handgun in the home
for self-defense unrelated to service in a militia.5
The Supreme Court cautioned, however, that “the right cants for concealed carry permits to demonstrate proper
secured by the Second Amendment is not unlimited” and cause as a condition for licensure eligibility.11
identified a nonexhaustive list of “presumptively lawful Only a handful of states had proper cause provisions in
regulatory measures,” including “laws forbidding the their concealed carry laws at the time of Bruen, but the
carrying of firearms in sensitive places such as schools decision had far broader implications. The Court held that
and government buildings.”6 Two years after Heller, in the right to own a gun for self-defense in the home
McDonald v. City of Chicago, the Court made clear that enshrined in Heller also exists outside the home. And it
the ruling in that case applied to state and local govern- rejected the balancing approach followed by lower courts
ments as well, holding that Second Amendment protec- for a dozen years, replacing it with an entirely novel frame-
tions are “fundamental rights.”7 work for deciding whether gun laws are constitutional
Heller and McDonald did not set out a test for evalu- under the Second Amendment.
ating challenges to gun laws. Lower courts were thus left No longer can courts balance the individual right to
to determine how to apply the decisions, and they devel- own a gun against the needs of public safety. Rather, gun
oped a two-step test to do so. First, courts were to deter- restrictions are now held constitutional only if they align
mine whether the challenged law implicated rights with “history and tradition.”12 This new test announced
protected by the Second Amendment. If it did, the in Bruen requires a court to assess whether a challenged
reviewing court then evaluated the degree to which the law burdens the Second Amendment’s individual right to
law burdened the right and weighed the state’s interest keep and bear arms. If it does, the court must find that
in the law against that burden.8 The two-step test was the law is analogous to historical restrictions. While it is
arrived at by consensus among lower courts.9 And it was unclear what historical reference points are relevant
consistent with tests used to evaluate challenges to under the standard — in Bruen the Court examined laws
other constitutional rights. from the 1700s and 1800s — the court must find suffi-
When lower courts applied this test, they overwhelm- cient historical analogues to establish that the law is
ingly upheld gun violence prevention laws. In fact, Second permissible under the Second Amendment. Justice
Amendment challenges between 2008 and 2016 Thomas emphasized that courts should compare “how
succeeded only 9 percent of the time.10 and why” modern and historical regulations burdened
Second Amendment rights to determine whether the
regulations are “analogous enough” for the modern law
The Supreme Court to be deemed constitutional.13

Thus far, a year after the ruling, this test has provoked
Constrains Regulation, considerable confusion in the courts, proving to be an
Causing Uncertainty
unwieldy tool for determining the constitutionality of
modern firearm regulations. Courts are applying Bruen’s
methodology in varying ways, resulting in disparate
The constitutional landscape for firearm restrictions rulings and inconsistent constitutional interpretations.14
changed, however, on June 23, 2022, when the Supreme In several instances, judges evaluating the same laws have
Court issued its opinion in New York State Rifle & Pistol ruled differently on their constitutionality.15 For example,
Association, Inc. v. Bruen. one federal court struck down a 1968 federal law that
The plaintiffs had challenged a provision in New York’s prohibits people under the age of 21 from purchasing
1911 concealed carry licensing law requiring applicants to handguns, while a different federal court upheld the law
show “proper cause” — a heightened need for self-pro- using the same test.16
tection — before being issued a license to carry a gun in Several other decades-old gun violence prevention laws
public. In a 6–3 decision written by Justice Clarence have been invalidated by courts using the Bruen test,
Thomas, the Court held for the first time that Americans including a federal law prohibiting gun possession by
have a Second Amendment right to carry guns in public people subject to domestic violence restraining orders, a
for self-defense and that the state cannot require appli- Texas law prohibiting individuals under the age of 21 from
carrying guns in public, and bans on assault weapons.17 people to carry firearms in public.22 Between 1980 and
Despite Bruen’s confounding effects on courts’ review 2021, 36 states moved from prohibiting concealed carry
of Second Amendment challenges, its holding makes in public altogether, or having strong permitting require-
clear that the long-standing gun laws identified in Heller, ments, to eliminating or weakening such requirements.23
including laws forbidding guns in “sensitive places such The last remaining state to prohibit all concealed carry,
as schools and government buildings,” remain presump- Illinois, was forced by a court ruling to allow the practice
tively lawful.18 The Court maintained that even though in 2013.24
these modern-day prohibitions on guns in sensitive places These changes have had a detrimental effect on public
extend beyond the places regulated in the 18th and 19th safety: the most comprehensive and rigorous study of
centuries, it was “aware of no disputes regarding the concealed carry laws found that states that have weak-
lawfulness of such prohibitions,” because a modern-day ened such laws have experienced violent crime rates that
regulation need not be “a dead ringer for historical precur- are 13 to 15 percent higher after 10 years than would have
sors . . . to pass constitutional muster.”19 The Court also been the case had they not done so. They also experienced
enumerated specific examples of sensitive areas where an 11 percent increase in handgun homicides.25
guns were historically prohibited: legislative assemblies, Over the last 13 years, gun advocates have pushed to
polling places, and courthouses.20 In other words, even repeal laws requiring a permit and background check — and
within the category of “sensitive place” regulations, which in some states, safety training — to carry concealed firearms
the Court described as constitutionally uncontroversial, in public. In 2009, only Alaska and Vermont allowed permit-
prohibitions on guns at polling places are on the most less carry.26 By May 2023, 25 additional states had repealed
solid ground. their laws to become permitless carry states.27
To date, no court has invalidated a prohibition on gun Since adopting permitless carry in 2021, Texas has seen
carrying in the sensitive locations enumerated in Heller a sharp increase in arrests for illegal gun carrying.28 In
and Bruen. 2023, Florida also repealed its concealed carry licensing
law, which had required people to undergo a background
check in order to carry guns in public.29 In the year prior,
between July 1, 2022, and June 30, 2023, more than 17,000
Many State Legislatures Florida residents were denied concealed carry permits,
or had their permits revoked or suspended, because of a
Embrace Deregulation disqualifying history.30 The licensing repeal will likely have
an outcome similar to the one in Texas, with more people
Supreme Court doctrine tells only part of the story. Over carrying guns in public who are ineligible to do so.
the last two decades, gun rights advocates have won The weakening and elimination of concealed carry
looser rules in state legislatures around the country. licensing standards and background check requirements
Several states have dramatically expanded the areas have led to more people carrying guns in public. In 2015,
where guns may be carried and repealed popular laws that researchers estimated that 3 million Americans carried
required background checks and permits to purchase fire- loaded handguns every day; by 2019, that number had
arms. Many states have also passed broad self-defense more than doubled.31
laws, upending centuries of custom and common law and The examples from Texas and Florida illustrate the
making it easier for a person to evade justice after shoot- importance of background check requirements for
ing someone. purchasing and carrying firearms in public. While federal
Other states, however, are moving in the opposite law requires people purchasing guns from licensed gun
direction to instead limit public carry, expand background dealers to undergo background checks, it does not impose
checks, and prohibit guns in sensitive locations where this requirement on individuals buying from private or
they are particularly dangerous to public health or the unlicensed sellers.32 As of 2023, only 21 states and Wash-
exercise of other constitutional rights. ington, DC, have closed the private sale loophole.33
(Moving in the opposite direction, Iowa repealed its
Many states have dramatically expanded public carry private sale background check law in 2021, as did North
and eliminated background checks. Roughly 40 years Carolina in 2023.)34 Of the 29 states that allow purchases
ago, prior to the Supreme Court’s novel interpretation from private or unlicensed sellers without a background
of the Second Amendment in Heller, almost every state check, 25 are also permitless carry states.35 In other words,
prohibited or strictly regulated concealed carry in in half the states, a person can purchase and carry a fire-
public.21 Specific restrictions on concealed carry in poll- arm without any background check, permit, or safety
ing places and other sensitive areas were therefore less training whatsoever.
critical. Yet since then, pressured by the gun lobby, many The Bruen decision has also led to an enormous
states have weakened their laws and allowed more increase in the number of people applying for concealed
carry licenses. The six states (and Washington, DC) whose Jersey — prohibit the open carry of handguns.48 Six states
laws were struck down together contain about 25 percent require a permit or license to openly carry a handgun.
of the American population. Within three weeks of the (Indiana repealed its law in 2022 when the state passed
ruling, one of these states, Maryland, saw a 700 percent permitless carry.) 49 Six states regulate, but do not
increase in the number of applications for concealed carry prohibit, the open carrying of long guns, such as AR-15s
permits relative to the same period the previous year.36 and other military-style assault weapons.50
Densely populated cities such as New York and San Fran-
cisco saw similar spikes in applications.37 A majority of states have passed stand-your-ground
Some of the most populous states in the country, laws. Gun deregulation has resulted in an expansion of
however, are strengthening concealed carry and back- not just where people can carry guns, but also when they
ground check laws. In recent years, California, Hawaii, can legally use a gun. Many states have passed so-called
New Jersey, and New York have increased safety training stand-your-ground (SYG) laws, which drastically expand
requirements for concealed carry.38 Washington and New the ability to use deadly force during a confrontation by
York heightened eligibility requirements for concealed distorting a centuries-old legal principle of self-defense.
carry, and Illinois made it easier to revoke permits for The U.S. legal system and the English legal system that
people who become ineligible.39 it was built on have both recognized that a person’s home
Several states have also closed the private sale loophole is their castle and that they have certain rights in their
to ensure that people with dangerous histories are unable home that they do not have in public. Accordingly, the
to legally purchase firearms. Since 2014, eight states — “castle doctrine” is the principle that if a person is attacked
Maryland, Michigan, New Mexico, Nevada, Oregon, in their home, they may use deadly force to defend them-
Virginia, Vermont, and Washington — have begun requir- selves and their home without being required to retreat
ing background checks on all gun purchases.40 In 2023, from conflict, even if they could do so safely. Outside the
Minnesota passed a law requiring purchasers of handguns home, however, where others are present, a person is
and assault weapons to undergo a background check.41 required to retreat from conflict before using force if it
can be done safely.
Several states have deregulated sensitive places. With For the first time in the history of American law, in
the deregulation of public gun carrying generally, prohi- 2005, Florida removed this historical duty to retreat
bitions on guns in sensitive places have become more before using deadly force in public. Since then, an addi-
important. Many states, even if they did not specifically tional 29 states have followed Florida’s lead and enabled
ban guns in polling places, have historically prohibited more people to use guns in self-defense in public.51
them in many locations where elections are held or Some states, such as Texas, have gone even further,
administered, including government buildings, schools, expanding SYG laws to allow deadly force in defense of
and churches, limiting the likelihood of gun violence in property crimes and against a fleeing person.52 Other
elections. Another legislative priority for gun rights advo- states, including Florida, have provided shooters with
cates has been allowing people to carry guns in more immunity from criminal arrest or prosecution when they
public spaces under the disproven theory that more guns have claimed to have acted in self-defense.53
will improve public safety.42 Since the adoption of SYG laws, there have been numer-
Over the last 15 years, several states have begun to allow ous instances of common arguments turning into
guns in public and private spaces that are frequently used shootouts in public spaces. In Florida, a vigilante stalked
as polling places or sites for election administration and a Black teenager walking home with a bag of Skittles in
ballot counting, including houses of worship,43 govern- his pocket and then claimed SYG after killing him.54 Also
ment buildings,44 college campuses,45 and even elemen- in Florida, a father was shot and killed in a movie theater
tary schools.46 Some of this legislation was an ill-advised after an altercation over sending text messages to his
response to mass shootings at schools. But even though toddler’s caregiver. The shooter successfully defended
several high-profile mass shootings have occurred on against a murder charge by invoking an SYG defense.55
school campuses, these spaces where guns are heavily SYG laws have contributed to an 8–11 percent national
restricted have generally been safe havens from gun increase in monthly firearm homicide rates, with early adopt-
violence.47 ers such as Alabama and Florida experiencing even more
Many laws that expand the public spaces where guns dramatic increases of 33 and 30 percent, respectively.56
are permitted also allow open carry — that is, carrying SYG laws also promote racist violence.57 Expert testi-
a plainly visible firearm. In fact, very few states broadly mony submitted to the U.S. Commission on Civil Rights
restrict open carry. Only four states — California, examined FBI data in more than 2,600 homicide cases
Connecticut (as of October 1, 2023), Florida, and Illinois to determine the likelihood that a fatal shooting would
— and Washington, DC, prohibit all openly carried fire- be deemed justified when a civilian male shot and killed
arms in public. Two more states — New York and New another male.58 In SYG states, these homicides were ruled
justified in 45 percent of cases involving a white shooter and 2011, homicides of Black people deemed justifiable
and Black victim, but in just 11 percent of cases involving more than doubled in SYG states while remaining
a Black shooter and white victim.59 unchanged in the rest of the country.60 An analysis of SYG
Across the United States, killings are much more likely cases in Florida found “striking evidence” of racial bias.61
to be ruled justified when the perpetrator is white or when Defendants invoking SYG defenses were twice as likely
the victim is not. SYG laws have deepened the vast preex- to be convicted for killing white victims as for killing
isting racial disparities in the legal system. Between 2005 nonwhite victims.62
II. Disinformation Sows the Seeds of Political Violence
A
s the United States wrestles with the legal uncertainty of gun laws in the wake
of Bruen, and as many states move to deregulate guns, the country must also
contend with new vulnerabilities to violence and intimidation. For two decades,
politicians have increasingly peddled false rhetoric about voter fraud, undermining
faith in democracy and restricting voting access.63 At the same time, a countervailing
trend of laws expanding access to voting has helped build more inclusive democracies
in many states.64 Beginning in 2020, both trends accelerated.
The coronavirus pandemic prompted rapid expansion of ballots, such as a missing signature, after Election Day.
voting options, especially mail voting.65 These changes Because of these factors, the soaring number of mail
exposed new targets for political violence, including elec- ballots, and razor-thin election margins in a few swing
tion officials and election workers, and resulted in intim- states, it took longer — in some cases several days — for
idation at drop boxes and counting facilities. Donald the press to declare election winners, including in the
Trump seized on these developments, using them as presidential race.
fodder for a conflagration of disinformation and conspir- Americans in many parts of the country were unaccus-
acy theories aimed at overturning the 2020 election, tomed to waiting so long for election results. While they
which culminated in the attempted insurrection at the waited for the results to trickle in, the news media covered
U.S. Capitol on January 6, 2021. These lies also launched the election in its typical manner — as a horse race. As
an election denial movement that has unleashed a tide of mail ballots were being processed and counted, this
abuse, harassment, and threats aimed at voters, election horse-race reporting contributed to an ever-changing
workers, and election infrastructure. The threat of polit- narrative about the putative winner.
ical violence has surged, and the potential targets of that
violence have broadened.
Politicians Spread
The Covid-19 Pandemic Disinformation
Accelerates a Shift to and Provoke Violence
Mail Voting Prior to Election Day, trailing in polls, then President
Trump began to sow doubt about the upcoming election’s
In the years leading up to 2020, mail voting became results. He falsely claimed that the increase in mail voting
increasingly available.66 With the sudden public health — and particularly, the widespread use of drop boxes —
risks posed by polling places during the 2020 general allowed massive fraud. After the election, Trump seized
election, this trend accelerated rapidly. The percentage of on vote tabulation delays to claim that election officials
voters who cast a mail ballot more than doubled between and election workers were corrupting the counting
2016 and 2020.67 The share of voters who submitted their process. Both false claims inspired new threats of political
ballot at a drop box grew from 3.4 percent in 2016 to 9.1 violence, not just in the days and weeks that followed, but
percent in 2020.68 While many voters returned to in-per- also in the 2022 election.70
son voting in 2022, mail voting remained significantly
more popular than before the pandemic.69 False claims of misconduct by election officials and
The dramatic shift to mail voting also affected how and election workers in the counting process made the
when votes were counted, when elections were called, process, and those responsible for conducting it, targets
and how the public perceived the results. Mail ballots take for political violence. As vote counting dragged on and
longer to process and tabulate. While many states Trump’s disinformation campaign ramped up, protests
expanded access to mail voting, not all states changed erupted at counting centers in states such as Michigan,
their counting procedures accordingly. In addition, many Nevada, and Arizona.71 Election officials became the focus
states accepted mail ballots arriving after Election Day, of national media attention and vicious lies charging that
so long as the ballots were posted on time. And a host of these officials, and by extension the vote-count process,
states allowed voters to fix technical defects in their mail had polluted the integrity of the election.
This new focus on the public servants who run U.S. a threat that he was a “n*****” who should be shot. He
elections ignited a barrage of threats against election offi- was also told he would be dragged around by a truck until
cials and workers.72 A Brennan Center poll of election he died.85 In Detroit, city clerk Janice Winfrey, a Black
officials across the country in 2023 revealed that one in woman, received a report from authorities that a white
three had experienced threats, harassment, or abuse supremacist was making death threats against her.86 And
because of their job.73 Nearly half were concerned about in Broward County, Florida, Supervisor of Elections Joe
the safety of their colleagues going forward.74 The vast Scott, who is Black, received many threats containing
majority of election officials believed that threats against racist and derogatory language, including one email that
their profession had increased in recent years.75 read: “Listen up you m***** f*****, 2022, 2024 is not
Many of these all-too-common threats were violent, and going to be the same third world, banana republic s***
some included references to firearms.76 The experience of you blacks pulled in 2020.” The threat also included a
Al Schmidt, a Republican election commissioner in Phila- racial slur and called Scott “sub-human.”87
delphia in 2020, is illustrative. About a week before the The 2023 Brennan Center survey has found that elec-
election, he and his fellow commissioners received a voice tion officials may also be targeted on the basis of the
message stating that they were “the reason why we have communities they serve. While the sample size of local
the Second Amendment.”77 Just after the election, as votes election officials serving majority-minority jurisdictions
were being counted at the Pennsylvania Convention was small, their responses nonetheless point to meaning-
Center, police arrested two men armed with “two loaded ful differences: those officials were more likely than elec-
semiautomatic Beretta pistols, one semiautomatic AR-15- tion officials overall to report having been threatened,
style rifle, and ammunition” after receiving an FBI tip that harassed, or abused because of their job. They were also
the men were making threats against the convention considerably more likely to be concerned about being
center.78 Then, after Joe Biden’s win in Pennsylvania was assaulted.88
announced and Schmidt defended the results, Trump exco- This racist harassment of election workers is particu-
riated him publicly.79 In the weeks that followed, Schmidt larly troubling in light of the historically significant role
and his family received a slew of threats, including a text that election workers of color have played in protecting
message to Schmidt stating, “You lied. You a traitor. Black Americans’ right to vote free from intimidation and
Perhaps 75cuts and 20bullets will soon arrive.”80 Schmidt’s violence. In the years following the enactment of the
wife received an email stating, “ALBERT RINO SCHMIDT Voting Rights Act, the drive to secure Black representa-
WILL BE FATALLY SHOT” and “HEADS ON SPIKES. tion among election officials and workers was a signifi-
TREASONOUS SCHMIDTS.”81 cant component of broader efforts to ensure full and
The false claims spread by Trump and his allies usually equal political participation by Black voters.89 Black
blamed his loss on cities with large populations of color, community leaders fought rampant discrimination
such as Atlanta, Detroit, Milwaukee, Philadelphia, and against and obstruction of Black election workers because
Phoenix.82 Perhaps unsurprisingly, many of the resultant they believed these workers would better assist Black
threats targeted election officials in those jurisdictions and voters and protect them against intimidation.90
contained racist or antisemitic language or references.
Perhaps the most prominent example of this sort of False claims of fraud in mail voting caused an expan-
racist harassment inspired by dog-whistle falsehoods is sion of voter intimidation at drop boxes and even
the experience of Wandrea ArShaye “Shaye” Moss and voters’ homes. In the lead-up to the 2020 election,
her mother, Ruby Freeman, two Black election workers Trump frequently denounced mail voting and ballot drop
in Atlanta. Rudy Giuliani — President Trump’s personal boxes. He falsely claimed that mail voting would facilitate
lawyer — falsely accused Moss and Freeman in a Georgia voting by noncitizens or ballots being cast in the names
State Senate hearing of passing around USB drives during of dead people.91 He called drop boxes “a big fraud” and a
the vote-counting process like “vials of cocaine,” an ugly “voter security disaster.”92
stereotype that plays on associations of Black Americans Trump and his allies filed a spate of lawsuits to limit the
and drug distribution. As Moss later testified before the use of mail voting in multiple states.93 In most instances,
House Select Committee to Investigate the January 6th the courts were unpersuaded by the suits’ unproven
Attack on the United States Capitol, she and her mother claims of fraud.94 Undeterred, Trump and his allies contin-
became the target of pervasive harassment, including ued to pursue these frivolous allegations in court after
many racist and hateful messages.83 Moss received “a lot Election Day in an attempt to overturn the results.95 These
of threats wishing death upon me, telling me I’ll be in jail efforts, too, were rejected by courts.96
with my mother and saying things like ‘Be glad it’s 2020 But these conspiracy theories lived on in an election
and not 1920.’”84 denial movement with consistently violent and milita-
Other examples are numerous. In Fulton County, Geor- ristic overtones that continues to harm U.S. elections.
gia, registration chief Ralph Jones, a Black man, received The movement has been funded and organized at the
national level. The America Project, an organization pounding on windows, yelling at election workers, or
founded by Trump ally and Overstock.com founder recording them with cell phones.103 In Arizona — one of
Patrick Byrne and former National Security Advisor the focal points of a debunked documentary called 2000
Michael Flynn, invested almost $3 million to support Mules, which spread false conspiracy theories about
“election reform activists” in eight states in 2022.97 The electoral fraud perpetrated at drop boxes — activists
Conservative Partnership Institute spearheaded the organized “dropbox tail gate parties.”104 These “parties”
so-called Election Integrity Network, led by attorney were encouraged by candidates running for office, who
Cleta Mitchell, to recruit a “volunteer army of citizens” praised the “vigilantes” and urged them to stand just
to monitor voters and election offices.98 While the lead- outside the 75-foot electioneering perimeter established
ers of these movements often describe their work as by Arizona law. “The mere fact that you are there watch-
efforts to promote election integrity, they each advised ing scares the hell out of them,” one candidate said.105
Trump in his election subversion efforts.99 Their organi- Some of the people who showed up to surveil drop boxes
zations hosted seminars and provided funding for local carried firearms, wore tactical gear, and covered their
activists to engage in putative investigations into elec- faces.106
tion fraud.100 As Mitchell described it, “We are arming These intimidating tactics extended even further, to
the army of patriots; that’s our goal.”101 voters’ homes. In at least 19 states, door-to-door “canvass-
Local election denial activists, in turn, engaged in a ing” efforts were reported in which civilians knocked on
variety of intimidating or potentially intimidating tactics doors to purportedly identify voter fraud.107 Canvassers
in the 2022 election. Some took part in traditional engaged in intimidating conduct — posing as government
poll-watching efforts but acted aggressively, as if intent officials, asking voters intrusive questions, requesting that
on exposing a rigged system.102 Others took their aggres- they sign affidavits, and even carrying weapons.108 In a
sive surveillance efforts to less traditional venues. Echo- lawsuit challenging the efforts of one group in Colorado,
ing scenes from the 2020 election, angry election one canvasser testified that he probably carried a firearm
watchers showed up at counting facilities in Colorado, with him while he engaged in canvassing.109
III. Increased Gun Violence, Mass Shootings,
and Extremism
B
eginning in March 2020, there was an unprecedented increase in gun sales and
gun violence. In fact, gun sales were 83 percent higher in March 2020 than they
were in March 2019. Overall, Americans purchased an estimated 22 million guns
in 2020, an increase of nearly 65 percent over the previous year’s sales.110 In the
following two years, Americans bought more than 42 million guns.111 National firearm-
related homicide rates increased by 35 percent between 2019 and 2020.112 Relative to
historical averages, the period between March 1, 2020, and February 28, 2021, saw a 15
percent increase in firearm-related incidents, a 34 percent increase in nonfatal gun
injuries, and a 28 percent increase in gun deaths.113
Both gun suicide and gun homicide rates had been climb- with a gun in the next few years in a situation in which
ing since 2015, but the Covid-19 pandemic and protests they think force or violence is justified to advance an
against the murders of unarmed Black Americans, important political objective.118
together with the gun deregulation and democratic insta- The increasing presence of extremists, guns, and
bility detailed above, almost certainly contributed to 2021 violence in public spaces has had a clear dampening effect
being the worst year on record for firearm deaths, with a on the public’s willingness to exercise their First Amend-
dismaying 48,830 lives lost — an 8 percent increase from ment rights. Although public assemblies in the United
2020, which was itself a record-breaking year.114 States remain mostly peaceful events, some do turn
Mass shootings are also on the rise. The number of violent or destructive, and among these, 10 percent
mass shootings — in which four or more victims are involve armed individuals.119 People are less likely to attend
injured or killed — has increased each year since at least a protest, express their opinions at a protest using signs
2013. And the trend continues: so far this year (as of July or vocalization, or bring children to a protest if guns are
20, 2023), there have been more mass shootings (420) present.120
than at the same point in any year since at least 2013.115 In 2022, the Global Project Against Hate and Extrem-
Weakened gun laws in dozens of states, increases in ism (GPAHE) conducted a poll on the effects of extremist
firearm purchases, and spikes in gun deaths have coin- political rhetoric and activities and the proliferation of
cided with a disturbing rise in armed political violence guns in public spaces. It found that less than half of all
and intimidation, with such behavior becoming not only respondents — just 41 percent — feel safe at their polling
more frequent, but also more brazen and dangerous. Over places. That number was even lower for Hispanic respon-
the past decade, domestic extremists have overwhelm- dents (37 percent) and Black respondents (28 percent)
ingly used firearms rather than other weapons in mass and those aged 18–25 (26 percent). Four in ten people said
killings.116 they were nervous about attending political rallies or
As the insurrection at the U.S. Capitol on January 6, marches; 35 percent were nervous about even showing
2021, demonstrates, some people are willing to use support for a candidate through yard or window signs.
violence to advance their political objectives. A study Voter intimidation, suppression, and harassment were all
conducted by the Violence Policy Research Center at a “grave concern” for 27 percent of those polled. The
the University of California, Davis, found that 12.4 numbers were even higher for groups that have histori-
million Americans would be somewhat, very, or cally experienced harassment and disenfranchisement
completely willing to kill a person in a situation in — 37 percent of Hispanic people and 45 percent of Black
which they believe force or violence is justified to people. Nearly one in three respondents (32 percent) said
advance an important political objective. 117 The same they were very worried that a violent attack or shooting
study found that more than 47.7 million Americans, would occur on Election Day; the same percentage said
including those who don’t own guns, think it is some- they were very worried that people would carry weapons
what, very, or extremely likely that they will be armed at polling places on Election Day.121
IV. States Must Act to Protect Voting from Violence
and Intimidation
I
n the face of a rising tide of gun violence, new threats of political violence, and
uncertainty over states’ ability to regulate firearms, local and state legislators and
officials must enact policies that expressly protect voters by removing the threat of
armed intimidation at polling locations, as well as in other election spaces including
drop boxes and counting sites.
Laws that regulate guns at polling places and prevent carry them. The Bruen decision forced states with strong
voter intimidation are constitutional and will almost eligibility requirements to weaken those laws, and so they
certainly be upheld by the courts. But only a handful of have had to respond with legislation to tighten location
states have such laws in place. Most states’ laws are insuf- restrictions.
ficient to prevent intimidation, election interference, or Soon after the decision, New York enacted a law prohib-
tragedy. Below are specific recommendations to improve iting gun carrying in a wide range of “sensitive places,”
state gun regulations and protect elections. including polling places as well as schools, restaurants,
hospitals, and entertainment venues.123 The law has been
challenged but remains in effect while the litigation
Prohibit All Guns in proceeds through the lower courts.124 Similarly, Hawaii,
Maryland, and New Jersey passed broad sensitive-location
and Around Sites Where restrictions following the decision.125 California and
Elections Take Place

Massachusetts are expected to pass similar legislation
later in 2023.
As table 1 shows, however, most states still lack broad
States should broadly prohibit firearms, including restrictions on guns in places where democratic rights are
concealed carry, at and around all voting sites — including being exercised and, specifically, where votes are cast and
drop boxes — and places where votes are being counted counted or elections are administered.
and elections are being administered.
Prohibitions on guns at polling places were specifically Most states do not prohibit guns where voting and
enumerated by the Supreme Court in Bruen as presump- other election activity take place. Only 12 states and
tively constitutional. While several state laws have already Washington, DC, broadly prohibit both open and
been struck down or enjoined by lower courts under the concealed carry in polling places.126 Even fewer states
new history and tradition test set forth by Bruen, there regulate guns at other sensitive elections locations such
have been no successful challenges to a prohibition on as drop boxes and ballot processing facilities.
gun carrying in the sensitive locations specifically
enumerated in Heller and Bruen (that is, legislative assem- Seven additional states impose limited restrictions
blies, polling places, courthouses, schools, and other specifically on guns in polling locations. For instance,
government buildings).122 Colorado and Washington prohibit open carry at poll-
While Bruen has broad implications for Second Amend- ing locations but allow concealed carry.127 Conversely,
ment jurisprudence, its immediate effect, as mentioned Missouri and Nebraska prohibit concealed carry in
above, was to strike down the “proper cause” requirement polling places but have no laws that prohibit open
of the concealed carry permitting laws in California, carry.128 Mississippi generally prohibits concealed hand-
Hawaii, Maryland, Massachusetts, New Jersey, New York, guns at polls, but people with enhanced permits are
and Washington, DC. These jurisdictions have relatively exempt.129 In Ohio, only poll observers are prohibited
strong gun regulations compared with most of the coun- from carrying at poll sites.130 And while South Carolina
try. But only two — California and Washington, DC — prohibits the concealed and open carry of handguns,
prohibited guns in polling places at the time of the Bruen no law prohibits the open carry of long guns at polling
decision. Generally, states with strong laws limiting who places.131
is eligible to carry in public have fewer restrictions on
where eligible people may carry. Often the converse is Two other states, Connecticut (as of October 1, 2023)
true as well: states with fewer restrictions on who may and Illinois, broadly prohibit open carry in public, includ-
carry guns put greater restrictions on where people may ing at poll sites, but not concealed carry.132
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Of the 34 states that do not ban open carry at polling Strong public support for regulating guns at poll sites
places,133 33 do not regulate military-style assault gives reason for hope. While the current state of the
weapons.134 In other words, in 33 states, no laws specif- law is troubling, progress is politically feasible and may
ically prohibit an individual from openly carrying an be on the horizon. The GPAHE poll found that 63
AR-15–style assault weapon at a poll site. percent of respondents supported prohibitions of guns
at polling places. While approval among Democrats was
As of June 2023, only two states, Colorado and Hawaii, high (80 percent), as expected, more than 50 percent of
had expressly prohibited firearms at or near drop boxes, Republicans and independents also indicated support
though Arizona appears to enforce its “75-foot limit” for such a ban. And importantly, 62 percent of gun
at drop boxes as well.135 owners supported a ban, whereas only 22 percent
opposed.143 A Brennan Center poll of white U.S. citizens
Only five states have explicitly expanded their prohibi- of voting age showed similar results. The overwhelming
tions to places where votes are counted.136 majority (74 percent) of respondents either somewhat
or strongly agreed that there should be rules against
Most states place few restrictions on public carrying carrying firearms in sensitive locations such as polling
generally. States that lack prohibitions on guns at polling places. Supermajorities of gun owners (68 percent) and
places may nonetheless limit the likelihood of carrying at individuals who said the right to own and carry a gun is
poll sites if they implement more general restrictions on “very important” to them (67 percent) felt similarly. More
carrying weapons. In fact, while the events of January 6, than 60 percent of Republicans (and Republican-leaning
2021, provide perhaps the best example of the increased independents) and self-identified conservatives also
risk of political violence, they also demonstrate how believed that keeping guns out of polling places is
strong restrictions on public carrying can prevent important.144
violence. While a number of the participants in the attack State policy on poll site prohibitions does not appear
carried firearms, some of the attack’s organizers later to be dictated by partisan politics — a rarity in the field of
testified that strong gun laws in Washington, DC, deterred gun regulation. A number of states controlled by conser-
them from bringing a much larger arsenal, which was vative majorities typically opposed to strong gun regula-
cached outside the city limits in Virginia.137 Despite the tions — Arizona, Florida, Georgia, Louisiana, and Texas
apparent effectiveness of DC’s gun laws on January 6, — prohibit both open and concealed carry at poll sites.
however, most states today place few or no restrictions And while some of these prohibitions may date back to a
on the open carry of firearms in public and a majority different political era, they have remained largely
allow concealed carry without a permit. untouched during the recent and generally partisan wave
Forty-four states, home to more than 220 million of deregulation.
people, do not prohibit the open carry of firearms.138 While there is still much progress to be made, the tide
does appear to be turning in recent years. A growing
Only four states (California, Connecticut, Florida, and number of states have listened to voters’ concerns and
Illinois) and the District of Columbia prohibit all openly enacted preventive legislation to restrict guns in certain
carried firearms in public.139 areas sensitive to the exercise of democracy. In 2021,
Oregon, Virginia, and Washington prohibited individuals
Two more states, New York and New Jersey, prohibit from carrying some or all guns in or around their state
the open carry of handguns in public but not the carry- buildings. Virginia also prohibited guns in state-owned
ing of long guns. buildings or offices where state employees work regular-
ly.145 In 2022, Colorado, New Jersey, New York, and Wash-
Six states do not prohibit open carry but require a ington State prohibited some or all guns in certain
permit or license to openly carry a handgun. (Indiana sensitive areas, such as polling places, school board meet-
repealed its law in 2022 when the state passed permit- ing sites, demonstrations, and places where votes are
less carry.)140 tabulated.146 In 2023, Delaware, Hawaii, and Maryland
prohibited guns at polling locations, demonstrations,
Six states regulate in some manner, but do not prohibit, government buildings, and schools.147 Colorado’s law also
the open carrying of long guns.141 explicitly prohibits openly carried guns within 100 feet of
drop boxes, while Hawaii’s prohibits guns in adjacent
Twenty-three states generally require a state-issued parking areas. New Jersey’s and Maryland’s laws also
permit in order to carry concealed weapons in public. The protect election workers by prohibiting firearms in any
remaining 27 states allow people to carry concealed weap- location used for the storage or tabulation of ballots.148
ons in most public spaces without any permit, back- Michigan and Massachusetts have legislation pending
ground check, or training at all.142 that would bar guns from polling places or areas where
ballots are being counted.149 A similar bill in Nevada was those intimidated voters and obtained a temporary
vetoed by the state’s governor.150 restraining order from a federal court that, among other
In 2022 and 2023, six of the states that passed laws to things, enjoined defendants from “openly carry[ing] fire-
keep guns from the polls did so as a direct response to arms within 250 feet of a ballot drop box.”159
threats of armed intimidation during the 2020 election But an explicit reference to firearms in anti-intimidation
or as a response to Bruen. law could make such prohibitions even more effective by
deterring armed intimidation before it occurs. In response
to the first reports of armed individuals dressed in tactical
Strengthen Anti- gear monitoring ballot drop boxes with their faces covered,
the Maricopa County Sheriff’s Office sent deputies to the
Intimidation Laws scene. The sheriff’s office confirmed that some of the
observers that night had been armed, but later issued a
In addition to prohibiting guns wherever protected voting statement explaining, “Deputies responded and were able
or election activity occurs, states can strengthen voter to determine that the individuals were not breaking any
intimidation laws. As previously discussed, while the avail- laws and were more than 75 feet away from the ballot box
ability and popularity of voting by mail has grown, so too as required by law.”160 In other words, the office suggested
has the use of guns to intimidate voters near drop boxes that these armed individuals had broken no law because
and election workers in places where votes are being they remained outside the 75-foot perimeter for election-
counted.151 eering near a polling place under Arizona law.
The Supreme Court was unequivocal in Bruen that Body camera video footage from that night shows that,
prohibiting firearms in polling places is constitutional. just after the armed individuals left, the officers measured
The Court relied on a centuries-old assumption that the to confirm that the remaining observers in the area were
mere carrying of firearms in specific circumstances can outside the 75-foot perimeter surrounding the drop box.161
constitute unlawful intimidation.152 It is both constitution- One of the officers then informed the observers that it
ally sound and a logical extension of the Court’s reasoning was still possible to violate the law against intimidating
in Bruen, therefore, for states to prohibit guns wherever or hindering voters when outside the perimeter and noted
protected voting activity may occur, including near ballot that wearing tactical gear could be intimidating. But, he
drop boxes or places where votes are being tabulated. said, the law is “very vague; it says ‘hindering voting.’” He
Today, federal law and the laws of all 50 states already said he would seek clarification on what that meant.162
prohibit voter intimidation.153 And many states criminal- If Arizona law had made clear that openly carrying fire-
ize the use of a firearm to intimidate in any context.154 arms while observing poll sites was presumptively intim-
However, no state or federal law prohibiting voter intimidating, the election conspiracists might not have been
idation expressly acknowledges that the mere presence emboldened to patrol ballot boxes with firearms in the
of firearms can constitute intimidation.155 States must first place. And law enforcement officials would not have
fill that gap and explicitly address the intimidating had any doubt as to whether they were properly interpret-
effects of firearms. ing the law. They might not have issued a statement that
To be clear, current federal legal prohibitions against could be misread to suggest that carrying firearms just
intimidating voters and those who aid them are written outside the 75-foot perimeter was, by definition, legal.
broadly. Though they never mention firearms explicitly, States should use the broad language of Section 11(b)
they certainly ban intimidation involving firearms. Section of the Voting Rights Act as a model for their anti-intimi-
11(b) of the Voting Rights Act of 1965 broadly prohibits dation laws and should also expand on that model.
the intimidation of any person for “voting or attempting States should adopt the following crucial components
to vote” or for “urging or aiding any person to vote or of Section 11(b), which provide the broad, flexible protec-
attempt to vote.”156 Unlike its predecessors,157 the provi- tions necessary to allow civil suits to stop armed intimi-
sion forbids conduct that intimidates regardless of dation from disrupting the elections process:
whether it was intended to have that effect.158 In some
respects, the strength of Section 11(b) lies in its general a general prohibition on any conduct that intimidates,
terms. Rather than listing specific behaviors that are regardless of intent;163
intimidating, the law prohibits any conduct that intimi-
dates, giving it the flexibility to offer voters relief even as protection for voters and for those urging or aiding
trends in voting and intimidation shift. others to vote;
In 2022, this general language proved effective in
Maricopa County, Arizona, where voters were intimidated a broad definition of voting that includes everything
by armed civilians conducting surveillance of drop boxes. necessary to register, cast a ballot, and have the ballot
An organization filed suit under Section 11(b) on behalf of counted;164
a private right of action allowing anyone aggrieved by a presumption that openly carrying a firearm while
intimidation to file suit for relief and attorneys’ fees; interacting with or observing those engaged in
and protected conduct is intimidating, requiring individuals
carrying firearms to bear the burden of proving other-
enforcement power for the state attorney general. wise in a suit to enforce the law;
States should supplement these components with these an explicit allowance for courts to include prohibitions
additional protections: or limitations on firearms that extend beyond statutory
perimeter limits in any relief granted; and
explicit acknowledgment that election officials and
election workers are covered by the protections for enforcement power for election officials that allows
those urging or aiding others to vote and that election them to bring suit to stop intimidation occurring within
administration, including vote counting, canvassing, their jurisdictions and intimidation of voters eligible to
and certification, is protected conduct; vote in their jurisdictions.
Conclusion
A
merican elections in the 21st century have been overwhelmingly peaceful. But
the country faces unprecedented challenges, including an aggressive rise in
election denial and political violence. These new threats are emerging against
a backdrop of rapid gun deregulation in a large swath of the country where they are
most likely to take hold. Coupled with a dramatic expansion of Second Amendment
rights by the Supreme Court, these developments create a growing risk of gun violence
in our elections.
Despite this risk, no federal law prohibits the possession void and enact legislation banning guns at polling places,
of firearms at polling locations or places where the elec- drop boxes, election offices, and ballot-counting facilities
toral process is being conducted, making it imperative to guard against efforts to undermine American democ-
that the states pursue this policy. Most states’ laws, racy. States must also shore up anti-intimidation laws to
however, also lack such prohibitions. States must fill this properly account for today’s threats.
Endnotes
1 New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. at *2 (E.D. Va. May 10, 2023); and Reese v. BATFE, No. 6:20-CV-01438,
2111 (2022). 2022 U.S. Dist. LEXIS 230140, at *2 (W.D. La. December 21, 2022).
2 Billy Clark, “Second Amendment Challenges Following the 17 See generally Ryan Busse, “One Nation Under Guns,” Atlantic,
Supreme Court’s Bruen Decision,” Giffords Law Center, June 21, December 14, 2022, https://www.theatlantic.com/ideas/
2023, https://giffords.org/lawcenter/memo/second-amendment- archive/2022/12/gun-violence-scotus-bruen-ruling-mass-
challenges-following-the-supreme-courts-bruen-decision/. shootings/672446/. United States v. Perez-Gallan, No. PE:22-CR-
3 The comparison period was from January 1, 2016, to February 29, 00427-DC, 2022 WL 16858516 (W.D. Tex. November 10, 2022);
2020. Shengzhi Sun et al., “Analysis of Firearm Violence During the Firearms Policy Coalition, Inc. v. McCraw, 623 F. Supp. 3d 740 (N.D.
COVID-19 Pandemic in the US,” JAMA Network Open, April 28, 2022, Tex. 2022), appeal dismissed sub nom. Andrews v. McCraw, No.
https://jamanetwork.com/journals/jamanetworkopen/ 22-10898, 2022 WL 19730492 (5th Cir. December 21, 2022); and
fullarticle/2791600. Jennifer Mascia, “Tracking the Effects of the Supreme Court’s Gun
Ruling,” The Trace, last updated October 14, 2022, https://www.
4 Walter Morris, “Concealed Carry Permit Applications Soar in thetrace.org/2022/08/nysrpa-v-bruen-challenge-gun-regulations/
Maryland,” NBC Washington, July 12, 2022, https://www. (detailing litigation filed in the wake of Bruen to reverse state assault
nbcwashington.com/news/local/concealed-carry-permit- weapons bans in nine states: California, Colorado, Connecticut,
applications-soar-in-maryland/3098367/. Delaware, Hawaii, Illinois, Maryland, Massachusetts, and New York).
5 District of Columbia v. Heller, 554 U.S. 570 (2008). 18 Bruen, 142 S. Ct. at 2118, 2133 (quoting Heller, 554 U.S. at 626).
6 Heller, 554 U.S. at 626–27, 627 n.26. 19 Bruen, 142 S. Ct. at 2133.
7 McDonald v. City of Chicago, 561, 778 U.S. 742 (2010). 20 Bruen, 142 S. Ct. at 2133.
8 See, e.g., Woollard v. Gallagher, 712 F.3d 865, 874-75 (4th Cir. 21 Giffords Law Center, “Concealed Carry,” last accessed April 7,
2013) (collecting cases applying two-step approach). See also United 2023, https://giffords.org/lawcenter/gun-laws/policy-areas/
States v. Chovan, 735 F.3d 1127, 1138 (9th Cir. 2013) (“The level of guns-in-public/concealed-carry/.
scrutiny should depend on (1) how close the law comes to the core of
the Second Amendment right, and (2) the severity of the law’s 22 Mitchell L. Doucette et al., “Impact of Changes to Concealed-
burden on the right.”) (quotations and citations omitted); and Heller Carry Weapons Laws on Fatal and Nonfatal Violent Crime, 1980–
v. District of Columbia (Heller II), 670 F.3d 1244, 1257 (DC Cir. 2011) 2019,” American Journal of Epidemiology 192, no. 3 (2023): 342–55,
(“A regulation that imposes a substantial burden upon the core right https://academic.oup.com/aje/article-abstract/192/3/342/669867
of self-defense protected by the Second Amendment must have a 6?redirectedFrom=fulltext&login=false.
strong justification, whereas a regulation that imposes a less 23 Doucette et al., “Impact of Changes to Concealed-Carry
substantial burden should be proportionately easier to justify.”). Weapons Laws.”
9 Bruen, 142 S. Ct. at 2125 (“the Courts of Appeals have coalesced 24 Firearm Concealed Carry Act, 430 Ill. Comp. Stat. 66/1 et seq.
around a ‘two-step’ framework for analyzing Second Amendment (2013), https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=
challenges that combines history with means-end scrutiny”); Bruen, 3497&ChapterID=39. See also Moore v. Madigan, 702 F.3d 933, 940,
142 S. Ct. at 2174 (Breyer, J., dissenting) (“every Court of Appeals to 942 (7th Cir. 2012).
have addressed the question has agreed on a two-step framework for 25 See John J. Donohue, Abhay Aneja, and Kyle D. Weber, Right-to-
evaluating whether a firearm regulation is consistent with the Second Carry Laws and Violent Crime: A Comprehensive Assessment Using
Amendment”). Panel Data and a State-Level Synthetic Control Analysis, NBER Working
10 Eric Ruben and Joseph Blocher, “From Theory to Doctrine: An Paper No. w23510, October 9, 2018, 1–126, https://ssrn.com/
Empirical Analysis of the Right to Keep and Bear Arms After Heller,” abstract=2988731; and Donohue, Aneja, and Weber, Right-to-Carry
Duke Law Journal 67 (2018): 1433–1509, 1472, https://scholarship. Laws and Violent Crime, 64–65 (“While Siegel et al. using their own
law.duke.edu/dlj/vol67/iss7/3. model on the 1991–2015 CDC data found that overall homicides rose
11 Bruen, 142 S. Ct. 2111, 2122 (2022) (Thomas, J., concurring). by 6.5 percent, firearm homicides rose by 8.6 percent, and handgun
homicides rose by 10.6 percent, Donohue [2017b] running the DAW
12 Bruen, 142 S. Ct. at 2128. model on the 2000–2014 period generated comparable estimates of
13 Bruen, 142 S. Ct. at 2133. 6.0 percent, 9.5 percent, and 15.8 percent for overall, firearm, and
14 Alanna Durkin Richer and Lindsay Whitehurst, “Turmoil in handgun homicides, respectively [although the 6.0 estimate for overall
Courts on Gun Laws in Wake of Justices’ Ruling,” Los Angeles Times, homicides lost statistical significance at the .05 level].”).
February 18, 2023, https://www.latimes.com/world-nation/ 26 Handgunlaw.us, “Permitless Carry States,” last updated April 4,
story/2023-02-18/turmoil-in-courts-on-gun-laws-in-wake-of- 2023, https://www.handgunlaw.us/documents/Permitless_Carry_
justices-ruling. States.pdf.
15 Compare United States v. Rahimi, No. 21-11001 (5th Cir. 2023) 27 Allison Anderman, “Giffords Law Center Gun Law Trendwatch,”
(finding that 18 U.S.C. § 922(g)(8), which criminalizes possession of Giffords Law Center, April 25, 2023, https://giffords.org/lawcenter/
firearms by persons subject to domestic violence protection orders, trendwatch/giffords-law-center-gun-law-trendwatch-april-25-2023/.
is unconstitutional because it is an “outlier[] that our ancestors See also Office of Governor Jim Pillen, “ICYMI: Governor Pillen Signs
would never have accepted”) with United States v. Silvers, No. Constitutional Carry Bill into Law,” press release, April 26, 2023,
5:18-cr-50-BJB, 2023 U.S. Dist. LEXIS 77061 (W.D. Ky. May 3, 2023) https://governor.nebraska.gov/press/icymi-governor-pillen-signs-
(holding that § 922(g)(8) does not violate the Second Amendment constitutional-carry-bill-law.
because it is consistent with the nation’s historical tradition of 28 Convictions for unlawfully carrying weapons in Texas increased
disarming dangerous individuals). See also Joseph Blocher and Eric from 1,049 in 2020 to 6,924 in 2021. For 2020 conviction rates, see
Ruben, “Originalism-by-Analogy and Second Amendment Texas Department of Public Safety, “Conviction Rates for Handgun
Adjudication,” Yale Law Journal 133 (forthcoming 2023): 6–7, License Holders, Reporting Period: 01/01/2020– 12/31/2020,”
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4408228. February 11, 2021, https://www.dps.texas.gov/sites/default/files/
16 Fraser v. BATFE, No. 3:22-cv-410, 2023 U.S. Dist. LEXIS 82432, documents/rsd/ltc/reports/convictionratesreport2020.pdf.
For 2021 conviction rates, see Texas Department of Public Safety, 2018&Initiative=false; S. 51001 (N.Y. 2021); and HB 562, 102d Gen.
“Conviction Rates for Handgun License Holders, Reporting Period: Assemb. (Ill. 2021) (enacted), https://www.ilga.gov/legislation/
01/01/2021–12/31/2021,” March 18, 2022, https://www.dps.texas. billstatus.asp?DocNum=562&GAID=16&GA=102&DocTypeID=
gov/sites/default/files/documents/rsd/ltc/reports/ HB&LegID=128640&SessionID=110.
convictionratesreport2021.pdf. See generally Roque Planas, 40 H.B. 4, 2019 Reg. Sess. (Md. 2020) (enacted), https://legiscan.
“Convictions for Unlawfully Carrying Guns Skyrocket After com/MD/bill/HB4/2020; H.B. 4138 2023 Reg. Sess. (Mich. 2023)
Texas Passed Constitutional Carry,” Huffington Post, (enacted), www.legislature.mi.gov/(S(uiywdstb5v0fdgkj50k5aniz))/
December 20, 2022, https://www.huffpost.com/entry/ mileg.aspx?page=getObject&objectName=2023-HB-4138; S.B. 8,
convictions-unlawful-carrying-guns-skyrocket-constitutional- 2019 Sess. (N.M. 2019) (enacted), https://nmlegis.gov/Legislation/
carry-texas_n_63a0a0fee4b03e2cc502a81f. Legislation?Chamber=S&LegType=B&LegNo=8&year=19; S.B. 143,
29 H.B. 543, 2023 Leg. (Fla. 2023) (enacted), https:/
/www. 80th Sess. (Nev. 2019) (enacted), https://www.leg.state.nv.us/App/
flsenate.gov/Session/Bill/2023/543. See generally Alan Gassman, NELIS/REL/80th2019/Bill/6174/Overview; S.B. 941, 2015 Reg. Sess.
“Sunshine State Becomes the Firearm State: Florida’s New (Or. 2015) (enacted), https://olis.oregonlegislature.gov/liz/2015R1/
Permitless Concealed Carry Law,” Forbes, April 7, 2023, https://www. Measures/Overview/SB941; H.B. 2, 2020 Sess. (Va. 2020) (enacted),
forbes.com/sites/alangassman/2023/04/07/sunshine-state- https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB2; S. 55,
becomes-the-firearm-state-floridas-new-permitless-concealed- 2017-18 Sess. (Vt. 2018) (enacted), https://legislature.vermont.gov/
carry-law/?sh=2a1548cb796b. bill/status/2018/s.55; and Voter Initiative 594, House Office of
30 Florida Department of Agriculture and Consumer Services, Program Outreach (Wash. 2014) (approved by voters), https://leg.
Division of Licensing, “Concealed Weapon or Firearm License wa.gov/House/Committees/OPRGeneral/Documents/2014/
Reports, Applications and Dispositions by County: July 1, 2022–June I-594Summary.pdf.
30, 2023,” last accessed August 16, 2023, https://ccmedia.fdacs.gov/ 41 Minn. Stat. § 624.7134, subd. 2.
content/download/105599/file/07012022_06302023_cw_annual. 42 Melinda Wenner Moyer, “More Guns Do Not Stop More Crimes,
pdf. See also Noreen O’Donnell and Nina Lin, “Florida to Allow Evidence Shows,” Scientific American, October 1, 2017, https://www.
Permitless Carry Following Deadly Nashville School Shooting. scientificamerican.com/article/more-guns-do-not-stop-more-
Nebraska Is Expected to Follow,” NBC Philadelphia, last updated April crimes-evidence-shows/ (detailing “30 careful studies [that] show
4, 2023, https://www.nbcphiladelphia.com/news/national- more guns are linked to more crimes: murders, rapes, and others. Far
international/florida-moves-toward-lifting-gun-control-laws- less research shows that guns help.”).
following-deadly-nashville-school-shooting/3536974/.
43 See, e.g., H.B. 259, 2021 Leg. (Fla. 2021) (enacted), https://
31 Ali Rowhani-Rahbar et al., “Trend in Loaded Handgun Carrying www.flsenate.gov/Session/Bill/2021/259; H.B. 60, 2013-14 Reg.
Among Adult Handgun Owners in the United States, 2015‒2019,” Sess. (Ga. 2013) (enacted), https://www.legis.ga.gov/api/legislation/
American Journal of Public Health 112, no. 2 (November 2022): document/20132014/144825; H.B. 334, 2020 Reg. Sess. (La. 2020)
1783–90, https://ajph.aphapublications.org/doi/pdf/10.2105/ (enacted), https://www.legis.la.gov/legis/BillInfo.
AJPH.2022.307094?role=tab (“In 2019, about 16 million US adult aspx?s=20RS&b=HB334&sbi=y; H.B. 506, 2011 Reg. Sess. (Miss.
handgun owners carried handguns in the past month (up from 9 2011) (enacted), http://billstatus.ls.state.ms.us/documents/2011/
million in 2015), and approximately 6 million did so daily (twice the 3 pdf/HB/0500-0599/HB0506SG.pdf; H.B. 1283, 63d Leg. Assemb.
million who did so in 2015).”). (N.D. 2013) (enacted), https://ndlegis.gov/assembly/63-2013/
32 34 U.S.C. § 40901 et seq. documents/13-0466-03000.pdf; and H.B. 141, 64th Leg., 2018
33 Giffords Law Center, “Universal Background Checks,” last Budget Sess. (Wyo. 2018) (enacted), https://wyoleg.gov/
accessed April 7, 2023, https://giffords.org/lawcenter/gun-laws/ Legislation/2018/HB0141.
policy-areas/background-checks/universal-background-checks/. 44 See, e.g., H.B. 650, 2011-12 Sess. (N.C. 2011) (enacted),
34 H.F. 756, 89th Gen. Assemb., 2021-22 Sess. (Iowa, 2021), https://www.ncleg.gov/BillLookup/2011/h650; S.F. 878, 89th Leg.
https://www.legis.iowa.gov/docs/publications/LGE/89/HF756.pdf; (Minn. 2015) (enacted), https://www.revisor.mn.gov/bills/bill.
and S.B. 41, 2023 Sess., (N.C. 2023), https://www.ncleg.gov/ php?b=House&f=SF878&ssn=0&y=2015; H.B. 1249, 91st Gen.
Sessions/2023/Bills/Senate/PDF/S41v3.pdf. See also Steve Doyle, Assemb., 2017 Reg. Sess. (Ark. 2017) (enacted), https://www.arkleg.
North Carolina House Joins Senate to Override Governor’s Veto, Fox8, state.ar.us/Bills/Detail?ddBienniumSession=2017%2F2017R&
last updated March 30, 2023, https://myfox8.com/news/north- measureno=hb1249; H.F. 756, 895h Gen. Assemb. (Iowa 2021)
carolina/north-carolina-house-joins-senate-to-override-governors- (enacted), https://www.legis.iowa.gov/legislation/BillBook?
veto-eliminating-some-background-checks-on-pistol-purchases/. ga=89&ba=hf756; H.B. 492, 2015-16 Reg. Sess. (Ga. 2015) (enacted),
https://www.legis.ga.gov/api/legislation/document/20152016/
35 Figures from Giffords Law Center, “Universal Background 153554; S.B. 169, 95th Leg., 139 Sess. (S.D. 2020) (enacted) https://
Checks”; and Giffords Law Center, “Concealed Carry.” sdlegislature.gov/Session/Bill/12070/66754; S.B. 45, 2015-16 Leg.
36 Morris, “Concealed Carry Permit Applications Soar in Sess. (Kan. 2015) (enacted), http://www.kslegislature.org/li_2016/
Maryland.” b2015_16/measures/sb45/; S.B. 273, 84th Leg. (Tex. 2015)
37 Andrew Willinger, “Bruen’s Practical Impact: What We Know and (enacted), https://legiscan.com/TX/bill/SB273/2015; and H.B. 508,
Where We Are Going,” Duke Center for Firearms Law, October 12, 110th Reg. Sess. (Tenn. 2017) (enacted), https://wapp.capitol.tn.gov/
2022, https://firearmslaw.duke.edu/2022/10/bruens-practical- apps/BillInfo/default.aspx?BillNumber=HB0508&GA=110.
impact-what-we-know-and-where-we-are-going/. 45 S.B. 1284 (Idaho 2014) (enacted), https://legislature.idaho.gov/
38 A.B. 2103, 2017-18 Sess. (Cal. 2017) (enacted), https://legiscan. sessioninfo/billbookmark/?yr=2014&bn=S1254; H.B. 102 (Mont.
com/CA/bill/AB2103/2017; H.B. 984, 32d Leg., 2023 Sess. (Haw. 2021), https://legiscan.com/MT/text/HB102/id/2289866; and S.B.
2023), https://www.capitol.hawaii.gov/session/measure_indiv. 11 (Tex. 2015), https://legiscan.com/TX/text/SB11/id/1241368.
aspx?billtype=HB&billnumber=984; A.B. 4769, 220th Leg., 2022-23 46 See, e.g., H.B. 60 (Ga. 2013) (enacted); H.B. 102, 66th Leg.,
Sess. (N.J. 2022) (enacted), https://www.njleg.state.nj.us/ 2021 Gen. Sess. (Wyo. 2021) (enacted), https://www.wyoleg.gov/
bill-search/2022/A4769; and S. 51001, 2021-22 Sess. (N.Y. 2021) Legislation/2021/HB0102; S.B. 10, 2023 Reg. Sess. (W.V. 2023)
(enacted), https://www.nysenate.gov/legislation/bills/2021/ (enacted), https://www.wvlegislature.gov/Bill_Status/bills_history.
S51001. cfm?INPUT=10&year=2023&sessiontype=RS; H.B. 1249 (Ark. 2017);
39 H.B. 2519, 65th Leg., 2018 Reg. Sess., (Wash. 2018) (enacted), H.B. 60 (Ga. 2013); S.B. 1389, 2016 Leg. Sess. (Idaho 2016) (enacted),
https://app.leg.wa.gov/billsummary/?BillNumber=2519&Year= https://legislature.idaho.gov/sessioninfo/2016/legislation/s1389/;
S.B. 7030, 2019 Leg. (Fla. 2019) (enacted), https://www.flsenate. com/science/article/abs/pii/S0277953615300642?via%3Dihub
gov/Session/Bill/2019/07030; H.B. 99, 135th Gen. Assemb. (Ohio (“After controlling for other variables, the defendant is two times (OR
2022) (enacted), https://www.legislature.ohio.gov/legislation/134/ = 2.1, 95% CI [1.07, 4.10]) more likely to be convicted in a case that
hb99; and S.B. 2079, 2023 Reg. Sess. (Miss. 2023) (enacted), http:// involves White victims compared to those involving non-White
billstatus.ls.state.ms.us/2023/pdf/history/SB/SB2079.xml. victims.”).
47 Giffords Law Center, “Guns in Schools,” last accessed April 11, 63 See, for 2021, Brennan Center for Justice, “Voting Laws
2023, https://giffords.org/lawcenter/gun-laws/policy-areas/ Roundup: December 2021,” last updated January 12, 2022, https://
guns-in-public/guns-in-schools/. www.brennancenter.org/our-work/research-reports/voting-laws-
48 Giffords Law Center, “Open Carry,” last accessed April 7, 2023, roundup-december-2021; for 2022, Brennan Center for Justice,
https://giffords.org/lawcenter/gun-laws/policy-areas/guns-in- “Voting Laws Roundup: December 2022,” last updated February 1,
public/open-carry/. 2023, https://www.brennancenter.org/our-work/research-reports/
voting-laws-roundup-december-2022; and so far for 2023, Brennan
49 States that require a permit or license include Hawaii, Center for Justice, “Voting Laws Roundup: June 2023,” June 14, 2022,
Maryland, Massachusetts, Minnesota, Rhode Island, and South https://www.brennancenter.org/our-work/research-reports/
Carolina. voting-laws-roundup-june-2023.
50 These states are Massachusetts, Minnesota, New Jersey, 64 See, for 2021, Brennan Center for Justice, “Voting Laws
Pennsylvania, Tennessee, and Virginia. Roundup: December 2021”; for 2022, Brennan Center for Justice,
51 Giffords Law Center, “Stand Your Ground,” last accessed April 7, “Voting Laws Roundup: December 2022”; and so far for 2023,
2023, https://giffords.org/lawcenter/gun-laws/policy-areas/ Brennan Center for Justice, “Voting Laws Roundup: June 2023.”
guns-in-public/stand-your-ground-laws/. 65 Paul S. Herrnson and Charles Stewart III, “The Impact of
52 Giffords Law Center, “Stand Your Ground.” COVID-19, Election Policies, and Partisanship on Voter Participation
53 Eric Ruben, “Self-Defense Exceptionalism and the Immunization in the 2020 U.S. Election,” Election Law Journal: Rules, Politics, and
of Private Violence,” Southern California Law Review 96 (2023): 509, Policy 22, no. 2 (2023), http://doi.org/10.1089/elj.2022.0074.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4076257. 66 MIT Election Data + Science Lab, “Voting by Mail and Absentee
54 Cheryl Corley, “ ‘Stand Your Ground’ Laws Are Linked to an Voting,” last accessed July 5, 2023, Figure 1, https://electionlab.mit.
Increase in U.S. Homicides, Study Says,” NPR, February 25, 2022, edu/research/voting-mail-and-absentee-voting.
https://www.npr.org/2022/02/25/1083003280/stand-your- 67 Zachary Scherer, “Majority of Voters Used Nontraditional
ground-laws-are-linked-to-an-increase-in-u-s-homicides-study-says. Methods to Cast Ballots in 2020,” U.S. Census Bureau, April 29, 2021,
55 Victor Oquendo et al., “Former Cop Acquitted in Deadly Florida https://www.census.gov/library/stories/2021/04/what-methods-
Theater Shooting Speaks Out,” ABC News, March 8, 2022, https:// did-people-use-to-vote-in-2020-election.html.
abcnews.go.com/US/cop-acquitted-deadly-florida-theater- 68 Brennan Center calculations based on version 1.0 of the 2016
shooting-speaks/story?id=83320436; and Anastasia Dawson, and 2020 waves of the Survey of the Performance of American
“Curtis Reeves Trial: All You Need to Know About the Pasco Theater Elections, last accessed August 3, 2023, https://electionlab.mit.edu/
Shooting,” Tampa Bay Times, February 7, 2022, https://www. research/projects/survey-performance-american-elections.
tampabay.com/news/crime/2022/02/07/curtis-reeves-trial-all- 69 Brennan Center calculations based on versions 5.0 in 2014, 4.0
you-need-to-know-about-the-pasco-theater-shooting/. in 2016, 6.0 in 2018, 4.0 in 2020, and 2.0 in 2022 of the Cooperative
56 Michelle Degli Esposti et al., “Analysis of ‘Stand Your Ground’ Election Survey Common Content, last accessed August 3,
Self-Defense Laws and Statewide Rates of Homicides and Firearm 2023, https://cces.gov.harvard.edu/.
Homicides,” JAMA Network Open 5, no. 2 (February 2022): e220077, 70 For a detailed chronology, see Richard L. Hasen, Cheap Speech:
https://jamanetwork.com/journals/jamanetworkopen/ How Disinformation Poisons Our Politics — and How to Cure It (New
fullarticle/2789154. See also Kaanita Iyer, “ ‘Stand Your Ground’ Laws Haven: Yale University Press, 2022), 1–19.
Linked to Increased Homicide Rates, Study Finds,” CNN, February 23,
2022, https://www.cnn.com/2022/02/23/us/stand-your-ground- 71 Mike Householder and Tim Sullivan, “Trump Supporters
homicide-increase/index.html. Demand Michigan Vote Center ‘Stop the Count!,’ ” PBS NewsHour,
November 4, 2020, https://www.pbs.org/newshour/politics/
57 Giffords Law Center, “ ‘Stand Your Ground’ Kills: How These trump-supporters-demand-michigan-vote-center-stop-the-count;
NRA-Backed Laws Promote Racist Violence,” July 28, 2020, https:// Ricardo Torres-Cortex, “Trump, Biden Backers Launch Protests at
giffords.org/lawcenter/report/stand-your-ground-kills-how-these- Vote Center in North Las Vegas,” Las Vegas Sun, November 5, 2020,
nra-backed-laws-promote-racist-violence/. https://lasvegassun.com/news/2020/nov/05/trump-biden-
58 Giffords Law Center and SPLC Action, “Stand Your Ground” backers-converge-vote-center-nlv/; and Katie Shepherd and Hannah
Kills: How These NRA-Backed Laws Promote Racist Violence, last Knowles, “Driven by Unfounded ‘SharpieGate’ Rumor,
updated May 2021, 9, https://files.giffords.org/wp-content/ Pro-Trump Protesters Mass Outside Arizona Vote-Counting Center,”
uploads/2021/05/Stand-Your-Ground-Report-May-2021-1.pdf. Washington Post, November 5, 2020, https://www.washingtonpost.
59 Giffords and SPLC Action, “Stand Your Ground” Kills, 10. com/nation/2020/11/05/arizona-election-protest-votes/.
60 Mayors Against Illegal Guns, National Urban League, and 72 Brennan Center for Justice and Bipartisan Policy Center,
VoteVets, Shoot First: “Stand Your Ground” Laws and Their Effect on Election Officials Under Attack, Brennan Center for Justice, 2021,
Violent Crime and the Criminal Justice System, September 2013, 7–8, https://www.brennancenter.org/our-work/policy-solutions/
https://s3.amazonaws.com/s3.mayorsagainstillegalguns.org/ election-officials-under-attack
images/ShootFirst_v4.pdf. 73 Brennan Center for Justice, Local Election Officials Survey,
61 Justin Murphy, “A Statistical Analysis of Racism and Sexism in Brennan Center for Justice, April 2023, 13, https://www.
‘Stand Your Ground’ Cases in Florida, 2005–2013,” Social Science brennancenter.org/our-work/research-reports/local-election-
Quarterly, March 30, 2017, 17, https://www.researchgate.net/ officials-survey-april-2023.
publication/312602014_Are_Stand_Your_Ground_Laws_Racist_ 74 Brennan Center for Justice, Local Election Officials Survey, 12.
and_Sexist_A_Statistical_Analysis_of_Cases_in_Florida_2005-2013. 75 Brennan Center for Justice, Local Election Officials Survey, 11.
62 Nicole Ackermann et al., “Race, Law, and Health: Examination of 76 For additional examples, see Linda So and Jason Szep, “U.S.
‘Stand Your Ground’ and Defendant Convictions in Florida,” Social Election Workers Get Little Help from Law Enforcement as Terror
Science & Medicine 142 (2015): 194–201, https://www.sciencedirect.
Threats Mount,” Reuters, September 8, 2021, https://www.reuters. images/08/27/threatening-call-wi.mp3 [https://perma.cc/QT7Z-
com/investigates/special-report/usa-election-threats-law- F8Z2]. Additionally, an Iowa resident was arrested in October 2022
enforcement/; Cat Zakrzewski, “Election Workers Brace for a Torrent after he threatened to murder election officials in Arizona’s Maricopa
of Threats: ‘I KNOW WHERE YOU SLEEP.’ ” Washington Post, County. According to the Justice Department, Arizona Attorney
November 8, 2022, https://www.washingtonpost.com/ General Mark Brnovich received a voicemail in 2021 from the Iowan
technology/2022/11/08/election-workers-online-threats/; and threatening him with lynching. Maricopa County, located in key
Chelsey Cox, “ ‘We’re Going to Hang You’: DOJ Cracks Down on battleground state Arizona, was a county at the center of the 2020
Threats to Election Workers Ahead of High-Stakes Midterms,” CNBC, election and a subsequent state recount in which Donald Trump lost by
October 27, 2022, https://www.cnbc.com/2022/10/27/were-going- 10,000 votes. See Jose R. Gonzalez, “ ‘We’re Going to Hang You’: Man
to-hang-you-doj-cracks-down-on-threats-to-election-workers- Charged in Threat Against Arizona Election Officials,” AZ Central, last
ahead-of-high-stakes-midterms.html. updated October 7, 2023,https://www.azcentral.com/story/news/
77 Brennan Center for Justice and Bipartisan Policy Center, politics/elections/2022/10/06/man-charged-threat-to-kill-
Election Officials Under Attack, 3. maricopa-county-state-election-officials/8199649001/. After Al
Schmidt’s chief deputy, Seth Bluestein, was called out by name at a
78 Miguel Martinez-Valle, “Two Arrested with Guns After Police Get Trump campaign news conference by former Florida Attorney General
Tip of Convention Center Threat,” NBC 10 Philadelphia, November 6, Pam Bondi, Bluestein became the subject of antisemitic attacks. See
2020, https://www.nbcphiladelphia.com/news/local/ Jonathan Lai, “Philly Elections Officials Are Getting Death Threats as
two-arrestedafter-police-get-tip-of-convention-center- Trump Targets the City,” Philadelphia Inquirer, November 9, 2020,
threat/2587411. These two men were released and subsequently https://www.inquirer.com/politics/election/philadelphia-elections-
attended the January 6 Capitol rally. See “2 Men Arrested Near officials-death-threats-20201109.html; Marin, “How ‘GOP Rebel’ Al
Philadelphia Convention Center Sent Back to Jail After Capitol Rally Schmidt Became the Voice”; and Seth Bluestein (chief deputy
Attendance,” Fox 29 Philadelphia, January 26, 2021, https://www. commissioner for City Commissioner Al Schmidt, Philadelphia),
fox29.com/news/2-men-sent-back-to-jail-after-capitol-rally- conversation with Brennan Center, February 12, 2021.
attendance-1.
88 Survey data on file with the authors.
79 Max Marin, “How ‘GOP Rebel’ Al Schmidt Became the Voice of
the 2020 Philly Election — and Trump’s Nemesis,” Billy Penn at WHYY, 89 U.S. Commission on Civil Rights, “Discriminatory Selection of
December 1, 2020, https://billypenn.com/2020/12/01/al-schmidt- Election Officials,” chapter 6 in Political Participation (Washington,
death-threats-trump-philadelphia-election-zero-fraud-republican- DC: U.S. Government Printing Office, May 1968), https://www.
commissioner; and James Verini, “He Wanted to Count Every Vote in crmvet.org/docs/ccr_voting_south_6805.pdf.
Philadelphia. His Party Had Other Ideas,” New York Times, January 16, 90 U.S. Commission on Civil Rights, “Discriminatory Selection”;
2021, https://www.nytimes.com/2020/12/16/magazine/trump- and Ishena Robinson, “Black Poll Workers Need Protecting to Keep
election-philadelphia-republican.html. America’s Democracy Working,” NAACP Legal Defense Fund, January
80 Verini, “He Wanted to Count Every Vote.” 5, 2023, https://www.naacpldf.org/black-poll-workers-protect-
democracy/.
81 Verini, “He Wanted to Count Every Vote.”
91 Examples of Trump’s lies are numerous. On many occasions,
82 Ashley Nguyen, Kayla Ruble, and Tim Craig, “Anger Builds in he asserted without evidence that vote-by-mail was “very
Black Community over Trump’s Claims of Voter Fraud in Big Cities,” dangerous for this country because of cheaters.” See Stephanie
Washington Post, November 20, 2020, https://www.washingtonpost. Saul and Reid J. Epstein, “Trump Is Pushing a False Argument on
com/national/2020/11/20/f0d11954-2b71-11eb-9b14- Vote-by-Mail Fraud. Here Are the Facts,” New York Times, September
ad872157ebc9_story.html (discussing President Trump’s and allies’ 28, 2020, https://www.nytimes.com/article/mail-in-voting-
attempts to deny Biden’s victory by targeting ballots cast in heavily explained.html. He routinely claimed that mail votes were being
Black cities in Michigan, Pennsylvania, Arizona, and Wisconsin). cast in the names of the deceased to steal the election for
83 Amy Gardner, “Election Workers Describe ‘Hateful’ Threats After Democrats. See Martin Pengelly, “Trump Claims 5,000 Dead People
Trump’s False Claims,” Washington Post, June 21, 2022, https://www. Voted in Georgia – but the Real Number Is Four,” Guardian,
washingtonpost.com/national-security/2022/06/21/ruby-freeman- December 28, 2021, https://www.theguardian.com/us-news/2021/
shaye-moss-jan6-testimony/. dec/28/donald-trump-georgia-2020-election-dead-people. He
84 Gardner, “Election Workers Describe ‘Hateful’ Threats.” made the unfounded claim that “millions of mail-in ballots will be
printed by foreign countries,” resulting in a “rigged” election. See
85 Linda So, “Trump-Inspired Death Threats Are Terrorizing
Eugene Kiely and Rem Rieder, “Trump’s Repeated False Attacks on
Election Workers,” Reuters, June 11, 2021, https://www.reuters.com/
Mail-In Ballots,” FactCheck.org, September 25, 2020, https://www.
investigates/special-report/usa-trump-georgia-threats/.
factcheck.org/2020/09/trumps-repeated-false-attacks-on-mail-
86 Melissa Nann Burke and George Hunter, “ ‘I Feel Afraid’: Detroit in-ballots/. He falsely alleged that Democrats were mailing out “80
Clerk Winfrey Testifies to U.S. House Panel on Death Threats She million unsolicited ballots” to “harvest” votes and elect Joe Biden,
Received,” Detroit News, July 28, 2021, https://www.detroitnews. ballots that were “swamping election officials.” See “Fact Check:
com/story/news/politics/2021/07/28/winfrey-testifies-before- Clarifying Trump’s 80 Million ‘Unsolicited’ Ballots Claim,” Reuters,
house-panel-threats-election-workers/5400419001/. September 11, 2020, https://www.reuters.com/article/
87 Phil Prazan, “ ‘It’s a Scary Time’: Florida Election Workers Deal uk-factcheck-80-million-unsolicited-ball/fact-check-clarifying-
with Threats and Harassment,” NBC 6 South Florida, May 23, 2022, trumps-80-million-unsolicited-ballots-claim-idUSKBN2622SZ; and
https://www.nbcmiami.com/investigations/its-a-scary-time-florida- MaryAlice Parks and Kendall Karson, “A Step-by-Step Look at
election-workers-deal-with-threats-and-harassment/2768028/. Trump’s Falsehoods on Mail-In Voting: Analysis,” ABC News,
Regrettably, there are many more examples of this harassment. Claire October 1, 2020, https://abcnews.go.com/Politics/step-step-
Woodall-Vogg, executive director of the Milwaukee Election trumps-falsehoods-mail-voting-analysis/story?id=73354979.
Commission, “received voicemails calling for her hanging” in August Trump falsely claimed that states like California sent mail ballots to
2021. See Rob Kuznia, Bob Ortega, and Casey Tolan, “In the Wake of “anyone that aren’t citizens.” See Holmes Lybrand and Daniel Dale,
Trump’s Attack on Democracy, Election Officials Fear for the Future of “Fact Check: Trump Falsely Claims California Is Sending Mail-In
American Elections,” CNN, September 13, 2021, https://www.cnn. Ballots to Undocumented Immigrants,” CNN, May 28, 2020,
com/2021/09/12/politics/trump-2020-future-presidential-elections- https://www.cnn.com/2020/05/26/politics/fact-check-trump-
invs [https:// perma.cc/G348-8D8D]. The audio of the curse-laden call vote-by-mail-fraud-gavin-newsom-california/index.html.
can be accessed directly at https://pmd.cdn.turner.com/cnn/2021/ He consistently floated the claim that “big massive [ballot] dumps”
were occurring across the nation including in “Michigan, train-thousands-us-poll-observers-2022-10-13/; and Carrie Levine,
Pennsylvania, and all over.” See Jack Brewster, “Trump Renews “Election Officials Brace for Onslaught of Poll Watchers,” Votebeat,
Ballot ‘Dump’ Conspiracy Theory Claim — Here’s Why It’s Bogus,” August 22, 2022, https://www.votebeat.org/2022/8/22/23312841/
Forbes, November 30, 2020, https://www.forbes.com/sites/ poll-watcher-increases-election-observer-rules.
jackbrewster/2020/11/30/trump-renews-ballot-dump- 103 Parker, So, and Warburton, “‘Stop the Steal’ Supporters Train
conspiracy-theory-claim-heres-why-its-bogus/. Thousands.”
92 Donald J. Trump (@realDonaldTrump), “So now the Democrats 104 Reuters Fact Check, “Fact Check: Does ‘2000 Mules’ Provide
are using Mail Drop Boxes, which are a voter security disaster. Among Evidence of Voter Fraud in the 2020 U.S. Presidential Election?”,
other things, they make it possible for a person to vote multiple Reuters, May 27, 2002, https://www.reuters.com/article/factcheck-
times. Also, who controls them, are they placed in Republican or usa-mules/fact-check-does-2000-mules-provide-evidence-of-voter-
Democrat areas? They are not Covid sanitized. A big fraud!” Twitter fraud-in-the-2020-u-s-presidential-election-idUSL2N2XJ0OQ.
post, August 23, 2020, https://twitter.com/realDonaldTrump/
status/1297495295266357248. 105 Jerod MacDonald-Evoy, “Republicans Are Urging Vigilantes to
Watch Ballot Drop Boxes, Polling Locations, to Sniff Out Fraud,”
93 Elise Viebeck, “Courts View GOP Fraud Claims Skeptically as Arizona Mirror, August 2, 2022, https://www.azmirror.
Democrats Score Key Legal Victories over Mail Voting,” Washington com/2022/08/02/republicans-are-urging-vigilantes-to-watch-
Post, September 28, 2020, https://www.washingtonpost.com/ ballot-drop-boxes-polling-locations-to-sniff-out-fraud/.
politics/courts-voting-fraud-claims-republicans/2020/09/28/
ceff1184-fda2-11ea-b555-4d71a9254f4b_story.html. 106 Katie Balevic, “Armed and Masked ‘Ballot Watchers’ Sat by a
Ballot Drop Box in Arizona, Prompting Police Investigation,” Yahoo
94 Viebeck, “Courts View GOP Fraud Claims Skeptically.” News, October 22, 2022, https://www.yahoo.com/news/armed-
95 For example, a suit filed challenging the election result in masked-ballot-watchers-sat-144916328.html.
Arizona made outlandish claims that election officials’ failure to 107 Ned Parker and Andy Sullivan, “In the Hunt for Voter Fraud,
properly enforce mail ballot rules led to thousands of “illegal votes” Republican Door Knockers Are Intimidating Residents: Officials,”
being counted. See Petition for Election Contest, Stevenson v. Ducey Reuters, November 3, 2022, https://www.reuters.com/legal/
(Ariz. Sup. Ct. 2020). republican-door-knockers-intimidate-voters-while-hunting-voter-
96 William Cummings, Joey Garrison, and Jim Sergent, “By the fraud-say-2022-11-03/.
Numbers: President Donald Trump’s Failed Efforts to Overturn the 108 Parker and Sullivan, “In the Hunt for Voter Fraud”; Andrew
Election,” USA Today, January 6, 2021, https://www.usatoday.com/ Davis and Dasha Burns, “Groups Seeking Voter ‘Anomalies’ 2 Years
in-depth/news/politics/elections/2021/01/06/trumps-failed- After Trump’s Loss Raise Concerns Ahead of Midterm Elections,”
efforts-overturn-election-numbers/4130307001/. NBC News, September 26, 2022, https://www.nbcnews.com/
97 Peter Stone, “ ‘It’s a Sham’: Fears over Trump Loyalists’ ‘Election politics/politics-news/groups-seeking-voter-anomalies-2-years-
Integrity’ Drive,” Guardian, July 7, 2022, https://www.theguardian. trumps-loss-raise-concerns-ahea-rcna46087; and Daniel Walters,
com/us-news/2022/jul/07/sham-fears-over-trump-loyalists- “Spokanites Have Been Weirded Out by Non-official Door-to-Door
election-integrity-drive. ‘Voter Research’ Volunteers,” Inlander, June 9, 2022, https://www.
98 Alexandra Berzon, “Lawyer Who Plotted to Overturn Trump Loss inlander.com/news/spokanites-have-been-weirded-out-by-non-
Recruits Election Deniers to Watch Over the Vote,” New York Times, official-door-to-door-voter-research-volunteers-23972286.
May 30, 2022, https://www.nytimes.com/2022/05/30/us/politics/ 109 Transcript of Deposition of Shawn Smith at 218:16-23, Doc.
republican-poll-monitors-election-activists.html. 72-9, Colorado Montana Wyoming State Area Conference of the
99 American Oversight, “In the Documents: Patrick Byrne’s NAACP v. United States Election Integrity Plan, No. 1:22-cv-00581-
Continued Involvement in Election Denying Efforts,” July 15, 2022, CNS-NRN (D. Colo. April 28, 2022).
https://www.americanoversight.org/in-the-documents-patrick- 110 Kelly Drane, “The Role of Guns in Rising Political Violence,”
byrnes-continued-involvement-in-election-denying-efforts; Giffords Law Center, January 6, 2023, https://giffords.org/lawcenter/
Associated Press, “Michael Flynn Ordered to Testify in Trump Election report/the-role-of-guns-in-rising-political-violence/.
Interference Probe,” NBC News, November 16, 2022, https://www. 111 Drane, “The Role of Guns in Rising Political Violence.”
nbcnews.com/politics/2020-election/michael-flynn-ordered-
testify-trump-election-interference-probe-rcna57450; and Jeremy 112 See Centers for Disease Control and Prevention, WISQARS
Herb and Dianne Gallagher, “How a Lawyer Who Aided Trump’s 2020 Fatal Injury Reports, Homicide/Legal Intervention Firearm Deaths in
Subversion Efforts Was Named to a Federal Election Advisory Board,” 2019 and 2020, last accessed March 9, 2022, https://wisqars.cdc.
CNN, November 18, 2022, https://www.cnn.com/2021/11/18/ gov/fatal-reports.
politics/cleta-mitchell-election-assistance-commission-advisor/ 113 The comparison period was from January 1, 2016, to February
index.html. 29, 2020. Sun et al., “Analysis of Firearm Violence During the
100 Peter Stone, “ ‘Election Integrity Summits’ Aim to Fire Up COVID-19 Pandemic.”
Trump Activists over Big Lie,” Guardian, April 18, 2022, https://www. 114 Kelly Drane, “A Steadily Growing Epidemic: Gun Violence in
theguardian.com/us-news/2022/apr/18/election-integrity- 2021,” Giffords Law Center, January 12, 2023, https://giffords.org/
summits-conservative-partnership-institute; Isaac Arnsdorf and lawcenter/memo/a-steadily-growing-epidemic-gun-violence-
Josh Dawsey, “GOP Spends Millions on Election Volunteers to Search in-2021/.
for Fraud,” Washington Post, June 15, 2022, https://www. 115 Annette Choi and Curt Merrill, “This Is How Many Mass
washingtonpost.com/politics/2022/06/15/rnc-election-integrity- Shootings There Have Been So Far This Year,” CNN, July 23, 2023,
trump-mcdaniel/; and Margaret Newkirk and Ryan Teague Beckwith, https://www.cnn.com/2023/01/24/us/how-many-mass-shootings-
“Trump Allies Back Mass Challenge to Voter Eligibility in Georgia,” 2023-dg-xpn/index.html.
Bloomberg, September 1, 2022, https://www.bloomberg.com/news/
116 Anti-Defamation League, Murder and Extremism in the United
articles/2022-09-01/trump-allies-back-mass-challenge-to-voter-
States in 2022, February 22, 2023, https://www.adl.org/resources/
eligibility-in-georgia?leadSource=uverify%20wall#xj4y7vzkg.
report/murder-and-extremism-united-states-2022; and Garen J.
101 Arnsdorf and Dawsey, “GOP Spends Millions.” Wintemute et al., “Party Affiliation, Political Ideology, Views of American
102 Ned Parker, Linda So, and Moira Warburton, “ ‘Stop the Steal’ Democracy and Society, and Support for Political Violence: Findings
Supporters Train Thousands of U.S. Poll Observers,” Reuters, October from a Nationwide Population-Representative Survey,” SocArXiv
13, 2022, https://www.reuters.com/world/us/stop-steal-supporters- (preprint, October 2022), https://doi.org/10.31235/osf.io/n9b36.
117 Garen J. Wintemute et al., “Views of American Democracy and 133 Including South Carolina (only prohibits long guns) and Ohio
Society and Support for Political Violence: First Report from a (only applies to poll observers).
Nationwide Population-Representative Survey,” MedRxiv (preprint, 134 Giffords Law Center, “Assault Weapons,” last accessed July 31,
July 2022), https://doi.org/10.1101/2022.07.15.22277693. 2023, https://giffords.org/lawcenter/gun-laws/policy-areas/
118 Wintemute et al., “Views of American Democracy.” hardware-ammunition/assault-weapons/.
119 Everytown for Gun Safety Support Fund and the Armed 135 Colo. Rev. Stat. § 1-13-724 (prohibits only open carry of firearms
Conflict Location and Event Data Project, Armed Assembly: Guns, “within any polling location, or within one hundred feet of a drop box
Demonstrations, and Political Violence in America, August 23, 2021, or any building in which a polling location is located”); and S.B. 1230
https://everytownresearch.org/report/armed-assembly-guns- (Haw. 2023) (Firearms are prohibited in “any voter service center as
demonstrations-and-political-violence-in-america/. defined in section 11-1 or other polling place, including adjacent
120 See Diana Palmer, “Fired Up or Shut Down: The Chilling parking areas.”); Balevic, “Armed and Masked ‘Ballot Watchers’ ”; and
Effect of Open Carry on First Amendment Expression at Public Arizona Secretary of State, “Guidance on Voting Location Conduct,”
Protests,” Northeastern University ProQuest Dissertations last accessed July 6, 2023, https://azsos.gov/elections/about-
Publishing, May 2021, https://www.proquest.com/openview/ elections/guidance-voting-location-conduct.
d369586f3e6419d08e0216872c60f2a2/; and Diana Palmer and 136 Colo. Rev. Stat. § 1-13-724 (only prohibits open carry); S.B. 1,
Timothy Zick, “The Second Amendment Has Become a Threat to the 2023 Leg., 443d Sess. (Md. 2023), https://mgaleg.maryland.
First,” Atlantic, October 27, 2021, https://www.theatlantic.com/ideas/ gov/2023RS/chapters_noln/Ch_680_sb0001E.pdf; N.J. Stat. Ann. §
archive/2021/10/second-amendment-first-amendment/620488/. 2C:58-4.6; Va. Code Ann. § 24.2-604(a); and Wash. Rev. Code Ann. §
121 Global Project Against Hate and Extremism, “Americans’ Fears 9.41.284(1), (4).
Suppressing Participation in Democracy,” August 4, 2022, https:// 137 Tom Jackman, Rachel Weiner, and Spencer S. Hsu, “Evidence of
globalextremism.org/post/fear-and-elections/. Firearms in Jan. 6 Crowd Grows as Arrests and Trials Mount,”
122 See, e.g., United States v. Marique, No. 8:21-po-02263-AAQ, Washington Post, July 8, 2022, https://www.washingtonpost.com/
2022 U.S. Dist. LEXIS 229608, at *1 (D. Md. December 14, 2022); dc-md-va/2022/07/08/jan6-defendants-guns/; and Lindsay
United States v. Tallion, No. 8:22-po-01758-AAQ, 2022 U.S. Dist. Whitehurst, “Oath Keepers Jury Hears About Massive Weapon Cache
LEXIS 225175, at *1 (D. Md. December 12, 2022); and Austin Bailey, on Jan. 6,” AP News, October 12, 2022, https://apnews.com/article/
“Arkansas Supreme Court Upholds Lower Court Ruling Barring Guns capitol-siege-florida-virginia-conspiracy-government-and-politics-
in Some Government Buildings,” Arkansas Times, April 14, 2023, 6ac80882e8cf61af36be6c46252ac24c.
https://arktimes.com/arkansas-blog/2023/04/14/arkansas- 138 Giffords Law Center, “Open Carry.” See also U.S. Census
supreme-court-upholds-lower-court-ruling-barring-guns-in-some- Bureau, “State Population Totals and Components of Change:
government-buildings. 2020–2022,” last updated June 13, 2023, https://www.census.gov/
123 CBS News, “SCOTUS: New York Can Enforce New Gun Law data/tables/time-series/demo/popest/2020s-state-total.html.
Banning Weapons from ‘Sensitive Places’ While Lawsuit Continues,” 139 Connecticut’s law will go into effect on October 1, 2023.
January 11, 2023, https://www.cbsnews.com/newyork/news/ 140 States that require a permit or license include Hawaii,
supreme-court-lets-new-york-enforce-gun-law-during-lawsuit/. Maryland, Massachusetts, Minnesota, Rhode Island, and South
124 CBS News, “SCOTUS: New York Can Enforce New Gun Law.” Carolina.
125 S.B. 1230, 32d Leg., Reg. Sess. (Haw. 2023), https://www. 141 These states are Massachusetts, Minnesota, New Jersey,
capitol.hawaii.gov/sessions/session2023/bills/SB1230_CD1_.HTM.; Pennsylvania, Tennessee, and Virginia.
S.B. 1, 443d Leg. Reg. Sess. (Maryland 2023), https://mgaleg. 142 Giffords Law Center, “Concealed Carry.” These states are
maryland.gov/2023RS/bills/sb/sb0001E.pdf; and A.B. 4769, 220th Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana,
Leg. Reg. Sess. (New Jersey 2022), https://legiscan.com/NJ/text/ Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana,
A4769/id/2611397. Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South
126 Arizona (Ariz. Rev. Stat. § 13-3102(A)(11)); California (Cal. Elec. Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and
Code § 18544(a)); Delaware (Del. Code. Ann. tit. 15, §1457A) (also Wyoming.
prohibits firearms in locations where ballots are being tabulated or 143 Global Project Against Hate and Extremism, “Americans’ Fears
counted during in-person voting and for two hours after polls close, Suppressing Participation in Democracy.”
but not at all counting and canvassing facilities); District of Columbia
(DC Code Ann. § 7-2509.07(5)); Florida (Fla. Stat. § 790.06(12)(6)); 144 The Brennan Center contracted with Lucid in March 2023 to
Georgia (Ga. Code Ann. § 16-11-27(b)(7)); Hawaii (Haw. Rev. Stat. Ann. survey white American citizens who reside in the United States. The
§§ 134-23(a), 134-24(a), 134-25(a), 134-27(a)); Louisiana (La. Rev. online survey included 946 respondents.
Stat. §§ 40:1379.3(N)(4), 18:1461.7(c)(3)); Maryland (Md. Code Ann., 145 Allison Anderman, “Protecting Democracy from Armed
Crim. Law § 4-111(d)); New Jersey (N.J. Stat. Ann. §§ 2C:58-4, Intimidation: A Guide for States,” Giffords Law Center, September 16,
2C:58-4.6); New York (N.Y. Penal Law § 265.01-e(2)(q)); Texas (Tex. 2022, https://giffords.org/lawcenter/report/protecting-democracy-
Penal Code § 46.03(a)(2)); and Virginia (Va. Code Ann. § 24.2- from-armed-intimidation-a-guide-for-states/.
604(a)). See also, generally, Giffords Law Center, “Location 146 Allison Anderman, “Giffords Law Center Gun Law Trendwatch:
Restrictions,” last accessed April 10, 2023, https://giffords.org/ 2022 Year-End Review,” Giffords Law Center, December 8, 2022,
lawcenter/gun-laws/policy-areas/guns-in-public/location- https://giffords.org/lawcenter/trendwatch/giffords-law-center-gun-
restrictions/. law-trendwatch-2022-year-end-review/.
127 Colo. Rev. Stat. § 1-13-724; and Wash. Rev. Code Ann. 147 See, e.g., Del. Code. Ann. tit. 15, §1457A; H.B. 430, 32d Leg.,
§ 9.41.284(1). Reg. Sess. (Haw. 2023), https://www.capitol.hawaii.gov/sessions/
128 Mo. Rev. Stat. § 571.107.1(2); and Neb. Rev. Stat. § 69-2441. session2023/bills/HB430_.pdf (includes “vote counting center or
129 Miss. Code Ann. § 45-9-101; 97-37-7. place where ballots are stored” as a sensitive location where
concealed carry is banned); and S.B. 1 (Md. 2023).
130 See, e.g., Ohio Rev. Code Ann. § 3505.21 (prohibiting only
persons who serve as poll observers from carrying firearms). 148 Colo. Rev. Stat. § 1-13-724; Haw. Rev. Stat. Ann. § 134-A(a)(11);
N.J. Stat. Ann. § C.2C:58-4.6(a)(5); and Md. Code Ann., Crim. Law §
131 See, e.g., S.C. Code Ann. § 23-31-215(M)(3). 4-111(a)(4)(III), (d)(1).
132 720 Ill. Comp. Stat. 5/24-1(a)(10); and Conn. Gen. Stat. § 29-35. 149 H.B. 4127, 102d Leg., Reg. Sess. (Mich. 2023), http://
legislature.mi.gov/doc.aspx?2023-HB-4127; H.B. 4128, 102d 75-foot limit is likely to result in unlawful voter intimidation). In
Leg., Reg. Sess. (Mich. 2023), http://legislature.mi.gov/doc. California, see Letter from California Secretary of State to California
aspx?2023-HB-4128; H.B. 2359, 193d Gen. Ct. (2023 Mass.), Law Enforcement Agencies re: “Protecting California Voters on
https://legiscan.com/MA/bill/H2359/2023; H.B. 2305, 193d Leg., Election Day and During Early Voting,” No. 2022-DLE-16, October 11,
Reg. Sess. (Mass. 2023), https://malegislature.gov/Bills/193/ 2022, https://oag.ca.gov/system/files/media/2022-dle-16.pdf
H2305; and S.B. 1500, 193d. Leg., Reg. Sess. (Mass. 2023). (classifying brandishing firearms as an example of voter
150 A.B. 354, 82d Sess. (Nev. 2023), https://www.leg.state.nv.us/ intimidation). In Maryland, see Maryland Office of the Attorney
App/NELIS/REL/82nd2023/Bill/10249/Overview. General, “Guidance on Voter Intimidation,” last accessed July 6, 2023,
https://www.marylandattorneygeneral.gov/Reports/GUIDANCE_
151 See, e.g., Tim Sullivan and Adam Geller, “Increasingly Normal: ON_VOTER_INTIMIDATION.pdf (stating that brandishing firearms or
Guns Seen Outside Vote-Counting Centers,” AP News, November 7, the intimidating display of firearms would likely constitute voter
2020, https://apnews.com/article/protests-vote-count-safety- intimidation). In New Mexico, see New Mexico Secretary of State,
concerns-653dc8f0787c9258524078548d518992; and Lindsay “Guidance on Voter Intimidation and Discriminatory Conduct,” last
Whitehurst, “Feds Concerned About Armed People at Arizona Ballot accessed July 6, 2023, https://www.sos.nm.gov/voting-and-
Boxes,” AP News, October 31, 2022, https://apnews.com/ elections/voter-information-portal-nmvote-org/guidance-on-voter-
article/2022-midterm-elections-voting-rights-phoenix- intimidation-and-discriminatory-conduct/ (classifying brandishing
a4c9d98e4da6eb175ea5eb72a37207ed. of weapons as an example of voter intimidation). In New York, see
152 See Bruen, 142 S. Ct. at 2133; Joseph Blocher and Reva Siegel, New York Office of the Attorney General, “New York State Election
“When Guns Threaten the Public Sphere: A New Account of Public Advisory,” October 28, 2022, https://ag.ny.gov/sites/default/files/
Safety Under Heller,” Northwestern University Law Review 116, no. 1 oag_guidance_re_voter_intimidation.pdf (stating that displaying
(2021): 165–72, https://scholarlycommons.law.northwestern.edu/ weapons outside polling places would likely constitute voter
nulr/vol116/iss1/5; William Rawle, View of the Constitution of the intimidation). In Pennsylvania, see Pennsylvania Department of
United States of America, 2nd ed. (Philadelphia: Philip H. Nicklin, Law State, “Guidance on Voter Intimidation and Discriminatory Conduct,”
Bookseller, 1829), 126; and Del. Const. art. XXVIII (1776), https:// October 2020, https://www.dos.pa.gov/VotingElections/
avalon.law.yale.edu/18th_century/de02.asp. OtherServicesEvents/Documents/DOS%20Voter%20
153 18 U.S.C. §§ 241, 242, 594; Ala. Code §§ 17-17-33, 17-17-44; Intimidation%20Guidance%2010.14.16.pdf (classifying aggressive
Alaska Stat. §§ 15.56.030, 15.56.060; Ariz. Rev. Stat. § 16-1013; Ark. or threatening brandishing of weapons as an example of voter
Code Ann. § 7-1-104; Cal. Elec. Code §§ 2300, 18502, 18540(a); Colo. intimidation).
Rev. Stat. § 1-13-713; Conn. Gen. Stat. § 9-364; Del. Const., Art. 5, § 7; 156 52 U.S.C § 10307(b).
DC Code § 1-1001.14(a); Fla. Stat. § 104.0615(5); Ga. Code Ann. §§ 157 42 U.S.C. § 1985(2); and 52 U.S.C. § 10101(b).
21-2-565, 21-2-567; Haw. Rev. Stat. Ann. §§ 19-3(4), 19-4; Idaho Code
§ 18-2305; 10 Ill. Comp. Stat. Ann. 5/29-4; Ind. Code Ann. § 3-14-3- 158 National Coalition on Black Civic Participation v. Wohl, No. 20
21.5; Iowa Code § 39A.2(1)(c); Kan. Stat. Ann. § 25-2415; Ky. Rev. Stat. Civ. 8668 (VM), 2023 WL 2403012, *23 (S.D.N.Y. March 8, 2023);
Ann. § 119.155(1); La. Stat. Ann. § 18:1461.4; Me. Rev. Stat. tit. 21-A, § Colorado Montana Wyoming State Area Conference of the NAACP v.
674(1); Md. Code Ann., Elec. Law § 16-201; Mass. Ann. Laws ch. 56, § United States Election Integrity Plan, No. 1:22-cv-00581-CNS, 2023
29; Mich. Comp. Laws Serv. § 168.932; Minn. Stat. Ann. § 211B.07; WL 1338676, *5 (D. Colo. January 31, 2023); League of United Latin
Miss. Code. Ann. §§ 97-13-37, 97-13-39, 23-17-59; Mo. Rev. Stat. § American Citizens — Richmond Region Council 4614 v. Public
115.635; Mont. Code Ann. §§ 13-35-103, 13-35-218; Neb. Rev. Stat. § Interest Legal Foundation, No. 1:18-CV-00423, 2018 WL 3848404, at
32-1536(2); Nev. Rev. Stat. Ann. § 293.710; N.H. Rev. Stat. Ann. § *3–4 (E.D. Va. August 13, 2018); and H.R. Rep. No. 89-439, at 30
659:40; N.J. Stat. §§ 19:34-1.1, 19:34-27, 19:34-28, 19:34-31; N.M. (1965), reprinted in 1965 U.S.C.C.A.N. 2437, 2462 (“The prohibited
Stat. Ann. § 1-20-14; N.Y. Elec. Law §§ 17-150, 17-212; N.C. Gen. Stat. §§ acts of intimidation need not be racially motivated; indeed, unlike 42
163-273, 163-274, 163-275; N.D. Cent. Code § 12.1-14-02; Ohio Rev. U.S.C. 1971(b) [which requires proof of a ‘purpose’ to interfere with
Code Ann. § 3599.01; Okla. Stat. tit. 26, § 16-113; Or. Rev. Stat. Ann. §§ the right to vote] no subjective purpose or intent need be shown.”).
260.665, 260.993(2); 25 Pa. Stat. §§ 3527, 3547; R.I. Gen. Laws 159 Temporary Restraining Order, Arizona Alliance for Retired
Section 17-23-5; S.C. Code Ann. §§ 7-25-70, 7-25-80; S.D. Codified Americans v. Clean Elections USA, No. CV-22-01823-PHX-MTL (D.
Laws § 12-26-12; Tenn. Code Ann. § 2-19-115; Tex. Elec. Code §§ Ariz. November 1, 2022), https://www.documentcloud.org/
62.0115(b)(2), 276.013; Utah Code Ann. § 20A-3a-502; Vt. Stat. Ann. documents/23257289-troballotboxwatchers.
tit. 17, § 2017; Va. Code Ann. § 24.2-607(A); Wash. Rev. Code Ann. § 160 Balevic, “Armed and Masked ‘Ballot Watchers.’ ”
29A.84.620; W. Va. Code §§ 3-9-10, 3-9-21; Wis. Stat. §§ 12.09, 12.60;
and Wyo. Stat. Ann. §§ 22-26-111(a)(i), 22-26-120. 161 Yvonne Wingett Sanchez and Adriana Usero, “Video Offers Rare
Glimpse of Police Enforcing Arizona’s Election Laws,” Washington
154 Giffords Law Center, “Preventing Armed Voter Intimidation: A Post, March 9, 2023, https://www.washingtonpost.com/
State-by-State Analysis,” last accessed July 6, 2023, https://files. politics/2023/03/09/video-arizona-ballot-drop-box-observers/.
giffords.org/wp-content/uploads/2020/09/Giffords-Law-Center-
Preventing-Armed-Voter-Intimidation.pdf. 162 Sanchez and Usero, “Video Offers Rare Glimpse.”
155 A few states, however, have issued guidance indicating that 163 This recommendation is limited to prohibitions subject to civil
carrying weapons near a polling place constitutes voter intimidation. enforcement. States should require proof of criminal intent to
In Arizona, see Arizona Secretary of State, “Guidance on Voting intimidate in any criminal prohibition on voter intimidation.
Location Conduct” (stating that openly carrying a firearm outside the 164 See 52 U.S.C. § 10310.
ABOUT THE AUTHORS ABOUT THE BRENNAN CENTER
FOR JUSTICE
 Sean Morales-Doyle is director of the Brennan Center’s Voting
Rights Program, overseeing litigation, research, and advocacy to The Brennan Center for Justice at
improve voter access and prevent disenfranchisement across the NYU School of Law is a nonpartisan
country. He is a frequent public speaker and media commentator on law and policy institute that works
voting rights and related issues. He is also a seasoned litigator with to reform and revitalize — and when
experience in civil rights and constitutional matters and has a necessary defend — our country’s
background in labor and employment law. Prior to joining the Brennan systems of democracy and justice.
Center, Morales-Doyle was a shareholder at Despres, Schwartz & The Brennan Center is dedicated to
Geoghegan, Ltd., in Chicago. He also previously served as an assistant protecting the rule of law and the
attorney general for the state of Illinois in the Special Litigation Bureau values of constitutional democracy.
and as a law clerk to Hon. William J. Hibbler of the U.S. District Court We focus on voting rights, campaign
for the Northern District of Illinois. He holds a BA in sociology and a JD finance reform, ending mass
from Northwestern University. incarceration, and preserving our
liberties while also maintaining our
 Robyn Sanders is counsel in the Brennan Center’s Voting Rights national security. Part think tank,
Program. Her work includes voting rights litigation and policy part advocacy group, part cutting-
advocacy. Before joining the Brennan Center in 2022, she served as a edge communications hub, we start
judicial law clerk for Hon. Anita Earls of the North Carolina Supreme with rigorous research. We craft
Court. Prior to law school, she was a policy analyst for the North innovative policies. And we fight for
Carolina Department of Public Safety. Sanders holds a JD from them — in Congress and the states,
Campbell University’s Norman Adrian Wiggins School of Law, where in the courts, and in the court of
she served as an editor of the Campbell Law Observer Journal and on public opinion.
the executive board of the Black Law Students Association. Sanders
also holds a BA in political science from North Carolina State University, Visit our website at
an MA with high honors in public administration from North Carolina www.brennancenter.org
State University, and an LLM with distinction in international legal
studies from Nottingham Trent University in England.
A B O U T G I F F O R D S L AW C E N T E R
 Allison Anderman is senior counsel and director of local policy at
Giffords Law Center. She leads the organization’s Guns and Democracy For more than 30 years, the legal
Project and works with state and local governments around the country experts at Giffords Law Center to
to draft and enact a wide variety of gun safety legislation. Anderman Prevent Gun Violence have been
authors Gun Law Trendwatch — Giffords Law Center’s roundup of state fighting for a safer America. Led by
firearms legislation — and manages the website’s legal content. former Congresswoman Gabrielle
Anderman is also the lead attorney responsible for the Annual Gun Law Giffords, Giffords Law Center
Scorecard. Prior to joining Giffords Law Center in 2014 as a staff researches, drafts, and defends the
attorney, Anderman represented low-income individuals sued by laws, policies, and programs proven
predatory debt collectors and plaintiffs in employment discrimination to save lives from gun violence. With
cases. She holds a BA in health and society from the University of more than 40,000 gun deaths in the
Rochester and a JD from the University of San Francisco, where she U.S. every year, this uniquely
served as a member of the law review. American crisis leaves no
community untouched — but it
 Jessica Ojeda is the guns and democracy attorney fellow with doesn’t have to be this way. From
Giffords Law Center, where she focuses on state and local gun violence universal background checks to
prevention policy for the Guns and Democracy Project. Before joining community-based violence
Giffords Law Center, she served as a fellow for Washington, DC, intervention strategies, we know
Council member Brianne Nadeau. Ojeda holds a BA in history from the how to end gun violence, and we
University of Michigan and a JD from the George Washington won’t rest until the promise of a safe
University Law School. and just country is a reality for every
person and community in America.
Visit our website at

www.giffords.org/lawcenter
AC K N OW L E D G M E N TS
The Brennan Center extends deep gratitude to Jerome L. Greene

Foundation, Lakeshore Foundation, and Scarlet Feather Fund for their
leadership support of this work. We also recognize the generous
contributions of Bainum Family Foundation, The Bauman Foundation,
Bohemian Foundation, The William and Flora Hewlett Foundation,
Kaphan Foundation, The Mai Family Foundation, Solidarity Giving,
and Bernard and Anne Spitzer Charitable Trust.
The Brennan Center’s Democracy Program is backed by a growing
base of financial supporters, including Change Happens Foundation,
The Endeavor Foundation, Lisa and Douglas Goldman Fund, Susan
Sachs Goldman, Horace and Amy Hagedorn Fund, The JPB
Foundation, Craig Newmark Philanthropies, The Rice Family
Foundation, Sudarsky Family Foundation, Vital Projects Fund, and
Zegar Family Foundation.
The authors would like to express their gratitude to Michael
Waldman, Wendy Weiser, Kareem Crayton, Larry Norden, Eric Ruben,
Adam Winkler, and Kendall Karson for providing generous feedback
on this report. The Brennan Center authors also thank their many
colleagues who contributed to this report. Kevin Morris and Coryn
Grange provided statistical research and analysis support. Sara Loving
and Adriana Monzón provided meticulous citation formatting and
cite-checking support. Matthew Khulik provided diligent and thorough
research support. Marcelo Agudo, Zachary Laub, Anna Christian, and
Alden Wallace provided substantial editorial and design contributions
and ensured the report’s successful launch.
Giffords Law Center to Prevent Gun Violence Brennan Center for Justice at
268 Bush Street // #555 // San Francisco, CA 94104 New York University School of Law
www.giffords.org/lawcenter 120 Broadway // 17th Floor // New York, NY 10271
www.brennancenter.org

Guns and Voting

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How has gun regulation changed recently according to the report?

What are some of the causes of increased political violence and disinformation according to the report?

policy report

Brennan Center for Justice at New York University School of Law

I. Recent Changes in Gun Regulation Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

The Supreme Court Constrains Regulation, Causing Uncertainty . . . . . . . . . . 5

Many State Legislatures Embrace Deregulation. . . . . . . . . . . . . . . . . . . . . . . . . . 5

II. Disinformation Sows the Seeds of Political Violence . . . . . . . . . . . . . . . . . 9

The Covid-19 Pandemic Accelerates a Shift to Mail Voting. . . . . . . . . . . . . . . . . 9

Politicians Spread Disinformation and Provoke Violence . . . . . . . . . . . . . . . . . . 9

III. Increased Gun Violence, Mass Shootings, and Extremism . . . . . . . . . . . 12

Strengthen Anti-Intimidation Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

The Supreme Court to be deemed constitutional.13

Elections Take Place

Visit our website at

The Brennan Center extends deep gratitude to Jerome L. Greene

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