Property v. Guns: The Level-of-Generality Problem in Wolford

In Wolford v. Lopez, the Supreme Court will examine whether states can require property owners to consent before armed individuals enter publicly-accessible private property. Maureen Brady argues this highlights the “level-of-generality problem” rooted in the Court’s historical framework from New York State Rifle & Pistol Association v. Bruen, particularly in relation to firearm regulations. Brady examines the differing interpretations of Founding-era hunting laws and the implications of property ownership signals, concluding that courts should be transparent about their level-of-generality choices and acknowledge how these choices reintroduce means-ends reasoning under another name.