This Comment uses the case study of guns-at-work laws to understand Cedar Point v. Hassid’s per se takings rule as well as its exceptions. Enacted by about half of the States, guns-at-work laws protect the right of a business’s employees, customers, and invitees to store firearms in private vehicles even if those private vehicles are on company property (i.e. parking lots/parking structures). While these laws have long survived Takings Clause challenges, Cedar Point revived the viability of such challenges. Using the example of guns-at-work laws, the Comment seeks both to understand the scope of Cedar Point’s per se takings rule and to clarify and develop the open-to-the-public and long-standing restrictions on property rights exceptions to it.
November
2024