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Guests with Guns: Public Support for "No Carry" Defaults on Private Land
Ian Ayres1, Spurthi Jonnalagadda1
1Ian Ayres, Ph.D., J.D., is the William K. Townsend Professor and Deputy Dean at Yale Law School. He received his B.A. from Yale College (1981), his J.D. (1986) from Yale Law School, and his Ph.D. in Economics (1988) from MIT. Spurthi Jonnalagadda is a law student at Yale Law School. She received her B.A. from Mount Holyoke College (2018) in South Hadley, MA.
Most Americans prefer default prohibitions on gun possession on private property, even though many are unaware of current laws. This suggests a need for clearer default rules regarding firearm carry on private land.
Area of Science:
- Social Science
- Public Policy
Background:
- Current laws in many states permit concealed weapon carry by default on private property unless explicitly prohibited.
- Public awareness and understanding of these laws, particularly regarding landowner rights and default regulations, appear limited.
Purpose of the Study:
- To gauge public opinion on default regulations for gun possession on private land across various contexts.
- To identify demographic factors influencing preferences for default gun carry rules.
- To highlight potential discrepancies between public preference and existing legal defaults.
Main Methods:
- A nationally representative survey of 2000 American adults was conducted.
- Respondents were queried about their preferences for default gun possession rules in different private settings (e.g., homeowners, employers, retailers, rented property, employer parking lots).
- Statistical analysis was used to examine support levels and demographic variations.
Main Results:
- A statistically significant majority of Americans favor default prohibitions on gun possession on private land without explicit landowner permission.
- This preference for "no carry" defaults was consistent across homeowners, employers, and retailers.
- Majority support was found for a default right to possess guns in rented property and on employer parking lots.
- Support for "carry" defaults was higher among Republicans, males, and gun owners, but majoritarian rejection of "no carry" defaults did not vary significantly by region or state.
- Respondents reported widespread ignorance or misinformation about existing gun carry laws.
Conclusions:
- The survey indicates a public preference for default rules that prohibit gun possession on private land, contrasting with "carry" default laws in some states.
- Significant public misunderstanding of current laws may hinder landowners' ability to manage firearm possession on their property.
- Policy discussions regarding default gun possession rules should consider the broad public support for "no carry" defaults in many private contexts.
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