On the one hand, last week‘s Bruen ruling at the Supreme Court wasn’t the “Jericho bringing down the walls of Canaan” moment that a lot of us gun owners have been hoping for all these years.
On the other hand, if you’re not a lawyer, some of the effects seem a little inscrutable; slapping New York California, Massachusetts and a few other “may issue” states on the wrist seems like aiming just a little low.
But there is a lot more to it than that:
Moreover, gun carry is only the beginning. The Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen is going to influence many more gun laws throughout the nation and could even bring about the downfall of the most contentious ones, because it sets up a new standard for deciding gun cases at all levels of the federal court system.
“When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct,” Justice Clarence Thomas wrote for the Court. “The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”
In other words: “hell, yeah, The founding fathers were referring to putting muskets in the hands of individual people. And those muskets were the “assault rifles“ and “military weapons“ of their day.“
A series of cases already pending before the Court will give insight into the effect of Bruen in other areas of gun law. Bianchi v. Frosh, for example, is a case involving Maryland’s “assault weapons” ban. It has been upheld by the Fourth Circuit using the now-defunct two-step standard. In Duncan v. Bonta, a California magazine limit was upheld by the Ninth Circuit under the same two-step standard. ANJRPC v. Bruck deals with the same magazine question and was similarly upheld in New Jersey. Young v. Hawaii deals with what amounts to a total ban on gun carry in Hawaii, which is likely the most vulnerable state law in the wake of Bruen.
Watching DC, California and New York State after the upcoming successive series of legal beat downs is going to be a little like Sylvester Stallone looked in the last five minutes of the first Rocky.
I assume that most of those cases will be sent back to the lower courts for rehearings that take into account the new standard. Thomas may well be retired by the time any of them make their way back up to the SCOTUS.
You people are silly! You think SCOTUS rulings mean something. Haven’t you heard that DOJ is planning to ignore RvW and EPA just yesterday (YESTERDAY!) announced they will be shutting down Permian in the name of Climate Change? You people are all infected with the Charlie Brown syndrome and think the Constitution and separation of powers actually means something… anymore. Maybe at one time, but not anymore. Two Amerikas!
^ Bizarre to see the reactions to a ruling kicking this power to congress over an executive agency.
Folks — this is democracy manifest. Congress can easily pass a law authorizing the epa to do whatever. But you cannot torture the law to grant authority without legislative approval.
That’s the essence of democratic checks. People are really arguing for less democratic oversight on the basis of their team?
Pingback: In The Mailbox: 07.01.22 : The Other McCain
New York seems to have missed the plot:
“Among other information, potential firearm owners would be asked to divulge all social media accounts maintained over the past three years as well as provide references attesting to their “good moral character.”
Permit applicants will also have to complete at least 16 hours of in-person training, while private businesses will be off-limits to firearms unless their owners post conspicuous signage indicating otherwise.
Weapons will also be barred from places of worship, public transit, sports arenas, parks, libraries, government buildings, playgrounds, entertainment venues, protests and businesses that serve alcohol, among other venues.”
So you must go to your local police chief, hat in hand, and he makes a subjective judgment about your social media content and your character references.
NY gun groups are already preparing the lawsuits that will strike this “The Empire State Strikes Back” law down.
But we know, now, how Dem legislatures & governors will react to Bruen. They will change the wording of existing “may issue” laws to achieve the same effect, the new laws will be “shall issue,” if you pass subjective tests & you will be restricted from carrying in any public space.