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How have the lower courts handled Bruen?
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.
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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.
I am worried about the "historical" aspect of the ruling. We did OK with television, telephone, ans antibiotics without causing a Constitutional crisis.
Any Thoughts on NFA Implications?
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.”