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How Should Courts Evaluate Gun Regulations After Bruen?

Posted: Tue Jun 28, 2022 9:33 am
by Paladin

Re: How Should Courts Evaluate Gun Regulations After Bruen?

Posted: Tue Jun 28, 2022 9:38 am
by Grayling813
How Should Courts Evaluate Gun Regulations After Bruen?

Simple: As infringements upon the 2A and declared null and void.

Re: How Should Courts Evaluate Gun Regulations After Bruen?

Posted: Tue Jun 28, 2022 12:00 pm
by Soccerdad1995
Great read.

One question that I haven't seen addressed is how this impacts my ability to get a non-resident CCW license in states that do not have reciprocity with my state of residence (Texas). Since this decision affirms my rights as a US Citizen, I can't think of any good reason why that right would be restricted only to carry within my home state and not across the US as a whole.

I'm guessing that this might require a follow-up case to fully resolve...

Re: How Should Courts Evaluate Gun Regulations After Bruen?

Posted: Tue Jun 28, 2022 12:20 pm
by Paladin
Soccerdad1995 wrote: Tue Jun 28, 2022 12:00 pm Great read.

One question that I haven't seen addressed is how this impacts my ability to get a non-resident CCW license in states that do not have reciprocity with my state of residence (Texas). Since this decision affirms my rights as a US Citizen, I can't think of any good reason why that right would be restricted only to carry within my home state and not across the US as a whole.

I'm guessing that this might require a follow-up case to fully resolve...
Agreed!

Re: How Should Courts Evaluate Gun Regulations After Bruen?

Posted: Tue Jun 28, 2022 3:47 pm
by powerboatr
Soccerdad1995 wrote: Tue Jun 28, 2022 12:00 pm Great read.

One question that I haven't seen addressed is how this impacts my ability to get a non-resident CCW license in states that do not have reciprocity with my state of residence (Texas). Since this decision affirms my rights as a US Citizen, I can't think of any good reason why that right would be restricted only to carry within my home state and not across the US as a whole.

I'm guessing that this might require a follow-up case to fully resolve...
x2 thats a great question.
so it should now be 50 state carry, but would that then require feds to set rules, vice each state on where to carry and or how?

Re: How Should Courts Evaluate Gun Regulations After Bruen?

Posted: Tue Jun 28, 2022 6:04 pm
by Paladin
powerboatr wrote: Tue Jun 28, 2022 3:47 pm
Soccerdad1995 wrote: Tue Jun 28, 2022 12:00 pm Great read.

One question that I haven't seen addressed is how this impacts my ability to get a non-resident CCW license in states that do not have reciprocity with my state of residence (Texas). Since this decision affirms my rights as a US Citizen, I can't think of any good reason why that right would be restricted only to carry within my home state and not across the US as a whole.

I'm guessing that this might require a follow-up case to fully resolve...
x2 thats a great question.
so it should now be 50 state carry, but would that then require feds to set rules, vice each state on where to carry and or how?
Article IV, Section 1: Full Faith and Credit Clause says that they can recognize it, like they do drivers licenses... but it seems clear the court will have to act to bring states like NY in line.

Re: How Should Courts Evaluate Gun Regulations After Bruen?

Posted: Wed Jun 29, 2022 12:33 pm
by Soccerdad1995
powerboatr wrote: Tue Jun 28, 2022 3:47 pm
Soccerdad1995 wrote: Tue Jun 28, 2022 12:00 pm Great read.

One question that I haven't seen addressed is how this impacts my ability to get a non-resident CCW license in states that do not have reciprocity with my state of residence (Texas). Since this decision affirms my rights as a US Citizen, I can't think of any good reason why that right would be restricted only to carry within my home state and not across the US as a whole.

I'm guessing that this might require a follow-up case to fully resolve...
x2 thats a great question.
so it should now be 50 state carry, but would that then require feds to set rules, vice each state on where to carry and or how?
It could just be analogous to drivers licenses or marriage licenses, where there are certain universal federal rules but the states also get to set rules and the states are the entity's that issue the actual license.

For example, I could see a minimum age for having a CCW (I believe the minimum drivers license age is 16 as an analogy), a requirement to pass the same background check that's required to buy a gun from an FFL, and certain other standard rules across the nation. But rules about specific places you can carry, etc., are probably best left up to the states (time, manner, and place restrictions are referenced in the SCOTUS decision, I believe). Importantly, those restrictions should apply equally to both resident and non-resident license holders.

And if any state decided to make the time, manner, and place restrictions so broad that they effectively prohibited all carry, that would of course be challenged on its underlying substance.