{"id":82669,"date":"2022-07-01T11:00:00","date_gmt":"2022-07-01T16:00:00","guid":{"rendered":"http:\/\/www.shotinthedark.info\/wp\/?p=82669"},"modified":"2022-07-01T04:24:31","modified_gmt":"2022-07-01T09:24:31","slug":"long-and-winding-road","status":"publish","type":"post","link":"http:\/\/www.shotinthedark.info\/wp\/?p=82669","title":{"rendered":"Long And Winding Road"},"content":{"rendered":"\n

On the one hand, last week\u2018s Bruen<\/em> ruling at the Supreme Court wasn\u2019t the \u201cJericho bringing down the walls of Canaan\u201d moment that a lot of us gun owners have been hoping for all these years.<\/p>\n\n\n\n

On the other hand, if you\u2019re not a lawyer, some of the effects seem a little inscrutable; slapping New York California, Massachusetts and a few other \u201cmay issue\u201d states on the wrist seems like aiming just a little low.<\/p>\n\n\n\n

But there is a lot more to it than that<\/a>:<\/p>\n\n\n\n

Moreover, gun carry is only the beginning. The Supreme Court\u2019s ruling in New York State Rifle & Pistol Association v. Bruen<\/em> 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.<\/p><\/blockquote>\n\n\n\n

\u201cWhen the Second Amendment\u2019s plain text covers an individual\u2019s conduct, the Constitution presumptively protects that conduct,\u201d Justice Clarence Thomas wrote for the Court. \u201cThe government must then justify its regulation by demonstrating that it is consistent with the Nation\u2019s historical tradition of firearm regulation. Only then may a court conclude that the individual\u2019s conduct falls outside the Second Amendment\u2019s \u2018unqualified command.\u2019\u201d<\/p><\/blockquote>\n\n\n\n

In other words: \u201chell, yeah, The founding fathers were referring to putting muskets in the hands of individual people. And those muskets were the \u201cassault rifles\u201c and \u201cmilitary weapons\u201c of their day.\u201c<\/p>\n\n\n\n

A series of cases<\/a> already pending before the Court will give insight into the effect of Bruen<\/em> in other areas of gun law. Bianchi v. Frosh<\/em>, for example, is a case involving Maryland\u2019s \u201cassault weapons\u201d ban. It has been upheld by the Fourth Circuit using the now-defunct two-step standard. In Duncan v. Bonta<\/em>, a California magazine limit was upheld by the Ninth Circuit under the same two-step standard. ANJRPC v. Bruck<\/em> deals with the same magazine question and was similarly upheld in New Jersey. Young v. Hawaii <\/em>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<\/em>.<\/p><\/blockquote>\n\n\n\n

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<\/em>.<\/p>\n","protected":false},"excerpt":{"rendered":"

On the one hand, last week\u2018s Bruen ruling at the Supreme Court wasn\u2019t the \u201cJericho bringing down the walls of Canaan\u201d moment that a lot of us gun owners have been hoping for all these years. On the other hand, if you\u2019re not a lawyer, some of the effects seem a little inscrutable; slapping New […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[],"class_list":["post-82669","post","type-post","status-publish","format-standard","hentry","category-victim-disarmament"],"_links":{"self":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/82669","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=82669"}],"version-history":[{"count":1,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/82669\/revisions"}],"predecessor-version":[{"id":82670,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/82669\/revisions\/82670"}],"wp:attachment":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=82669"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=82669"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=82669"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}