Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.8
Site Design by Sekimori

« David Kopel on Bruen | Main | Food for thought »

How have the lower courts handled Bruen?

Posted by David Hardy · 14 August 2022 11:16 AM

An interesting article. Considering the decision is only six weeks old....

I've been reading and re-reading the decision, and writing an article on it. The ruling is SO important. Heller and McDonald laid the groundwork, but themselves decided little but "to entirely ban handguns is unconstitutional," (a regime that existed in no state and only maybe a half dozen cities) and gave little guidance on how to assess everything else. Bruen strikes down a major aspect of the oldest of the modern gun laws, and lays out a detailed framework. Text, history, and tradition, and what matters there is evidence relevant to the understanding of Americans of 1791, or at most 1868. Don't go quoting the gun laws of Henry VIII, or those of a few territories in the 1890s.

4 Comments | Leave a comment

Carl from Chicago | August 14, 2022 8:49 PM | Reply

I agree and truly suspect Bruen will be a major game-changer. I also suspect (and fully predict) that we will soon be seeing some very creative, if not also rather strained, historical “analogies.”

Fyathyrio | August 14, 2022 9:49 PM | Reply

Bruen is nice, but in conjunction with the EPA v WVA ruling, things are really looking up. Hopefully this bumpstock, 80%, and pistol brace junk gets killed soon.

Mike -SM0 | August 14, 2022 11:13 PM | Reply

I am worried about the "historical" aspect of the ruling. We did OK with television, telephone, ans antibiotics without causing a Constitutional crisis.

Marcus L Poulin | August 23, 2022 1:26 AM | Reply

Any Thoughts on NFA Implications?

Leave a comment