I have been seeing gun law posts from others and I thought I should post this so people understand what is happening. There was a Supreme Court case that was decided on in June 2022 called New York State Rifle & Pistol Association v. Bruen.
This case is causing current litigators to change their arguments and police departments and local governments to review their policies. The main take away for most is that New York was forced to allow concealed carry but that isn't what this case did. It has much greater implications.
This is an excerpt from the following link that discussed this case.
"Most significantly, Bruen rewrote the methodology lower courts defer to when evaluating the constitutionality of a gun law, prescribing that it must have a well-established analogue in American history. Specifically, the 77-year span from 1791, when the Second Amendment was ratified, to 1868, when the 14th Amendment was ratified. Within this framework, judges can no longer consider the real-world effects of gun regulations, like violence reduction."
https://www.thetrace.org/2022/08/nysrpa-v-bruen-challenge-gun-regulations/
All gun laws old and new now have to be tested against what gun laws existed between 1791 and 1868.
When gun cases start getting ruled on correctly and previous prohibitions are overturned, this is why. This is as significant or more as the EPA case that was decided recently pertaining to the administrative state and executive branch agnecies.
Thank you. Great informational post. This explanation explains why a U.S. District Judge just ruled that a federal law banning guns having had their serial numbers removed is unconstitutional.
Price argued that the law banning possession of a gun without a serial number is unconstitutional and cited a landmark ruling (pdf) by the U.S. Supreme Court in June this year, New York State Rifle & Pistol Association v. Bruen. The ruling stated that the government cannot restrict Americans’ constitutional right to carry firearms in public for self defense, unless the restriction is “consistent with this Nation’s historical tradition of firearm regulation.”
“Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command,’” Thomas wrote.
I wonder what this does to the ATFs new ruling that 80% lowers need to have a serial number? Recall that 80% was the former ATF recognization of what was not considered a firearm, despite the obvious fact that an 80% complete firearm is incapable of shooting anything.
https://www.theepochtimes.com/judge-rules-federal-ban-on-guns-with-removed-serial-numbers-is-unconstitutional_4795949.html