That’s what the U.S. Court of Appeals for the Second Circuit decided last November. That case is about a New York law that says you can get a permit to carry a concealed gun if you can show “proper cause.” New Yorkers must show that they have more need of self-defense than the average person, for example, because they’re the target of a threat — which is pretty restrictive. But the Second Circuit said that was OK because a right to bear arms outside the home goes beyond Heller and McDonald. In other words, the court disagrees with Posner on his core reading of the Supreme Court.

To add one more court to the mix: Last March, a federal judge in Maryland struck down a state requirement that asks permit applicants to show a “good and substantial reason” for carrying a concealed weapon. The Maryland law this court nixed looks a lot like the New York law the Second Circuit allowed: The state of Maryland would like to limit gun permits to those who can show they’ve been personally threatened (or who are in a business in which you must carry cash).

At some point the Supreme Court will probably take one of these cases because this split among the lower courts is the type that only the justices can resolve. You can see why it’s on the justices to say that there’s no right to bear arms outside the home, if that is indeed a limit they see in the Second Amendment.

In the meantime, it’s a good thing the Obama administration and Congress aren’t fussing with conceal and carry laws. There are plenty of ways to cut back on gun violence and also steer clear of the next round in the Second Amendment wars.