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« Not good news for SIG Sauer | Main | Oops »

Different ways of looking at Bruen

Posted by David Hardy · 19 April 2023 05:33 PM

Here is Nelson Lund's take, and here is Steve Halbrook's.

2 Comments | Leave a comment

Pete | April 21, 2023 12:32 PM | Reply

Restrictive gun laws have for too long relied on courts that accepted legal arguments which, pretzel like, twisted the law to reach the desired outcome. No more.

Richard | April 28, 2023 10:33 AM | Reply

It is hard to make predictions especially about the future but it is clear that depending on the court system to protect our rights is only an interim strategy. The resistance of the circuit courts is lessened but not gone and legislatures/initiatives have stepped into the rights denial breach. NY, NJ, WA, CO OR, IL and probably others are examples. CO's repeal of preemption is probably the most deadly as it makes it impossible to know whether you are acting legally, permit or no. I can't think of a way to challenge this constitutionally. Vagueness, perhaps or equal protection. And the defendant wouldn't be the state but every city, county and special district that denies rights.

Baring preliminary injunctions, rights will be denied for years even if they are eventually upheld. Drag it out long enough and the personnel changes Lund mentioned will be decisive.

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