USA – -(AmmoLand.com)- It seems, the gun-grabbing state legislators and Governors had no idea what they were in for with the New York State Rifle and Pistol v. Bruen case.
They poked the 2nd Amendment bear one too many times and it seems to have backfired on them. Because of Justice Thomas’ carefully and strategically written decision, current and future gun laws will likely be scrutinized and required to meet “historical precedent.”
At a certain point during the anticipation of the Supreme Court NYSRPA v. Bruen decision, it started to become clear that the case would be decided in favor of gun rights. What was unclear was the way the decision would be written. State legislatures had a lot of leeway after the Heller and McDonald cases and they used every bit of leverage they had to continue violating the rights of American gun owners despite those two favorable rulings. All that has changed because Justice Clarence Thomas had some very interesting wording in his Bruen decision. Besides the text that referred to the right to carry a gun not depending on service in the militia and the portion that stated, “We conclude that respondents have failed to meet their burden to identify an American tradition justifying New York’s proper cause requirement,” the decision was written in a way that now requires all gun laws to meet a level of historic balance.
It appears that anti-gun lawmakers will now have a much more difficult time restricting the rights of the people they represent.
The provision to meet historical precedent reads as follows:
“In keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation 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.”
According to wusa9.com Attorney and Rhode Island Democratic State Rep. Robert Craven, said he would study the New York case to determine whether Rhode Island’s requirements could be challenged, and whether that can be remedied by legislation. He questioned whether the high court will now employ a strict interpretation of the Second Amendment — that the right to bear arms is absolute — and apply it to other laws, such as those banning military-style weapons.
“I see the court headed in that direction,” Craven said.
On June 27th, 2022 it was reported that Attorney Chuck Michel, who heads up the California Rifle & Pistol Association said the standard will affect three prominent California laws in particular. These cases are pending before a federal appellate court.
• Legal challenges to the state’s limits on assault weapons
• Requirement for background checks for buying ammunition
• Ban on online ammunition sales
“All of these laws should be struck down under this new Supreme Court standard,” Michel said.
On June 28th, 2022, According to Reason.com The district court’s judgment on California’s “assault weapons” ban had been vacated, and the case was remanded to the district court for further proceedings consistent with the new Bruen decision.
“Carry permit regulations are only the tip of the Bruen iceberg. The court also clarified how 2nd Amendment cases should be considered. This will change everything from red-flag laws, assault weapon bans, to gun free zones and more. Send forth the horde of lawyers. The 2A lawsuits have just begun.”
Despite the narrative by which they are sold to the public, California gun laws have been notorious for restricting the rights of law-abiding Californians while doing nothing to reduce violent crime. This new SCOTUS decision has put California gun laws in question, caused New Jersey Governor to reverse course on his draconian gun measures, and has worked New York Democrats into a lather as they desperately search for new ways to control the rights of New Yorkers. We are in a very important time, and it looks like there is a good opportunity to drag the Democrats back to civics class and force them to reread the Constitution, with a special focus on Amendment number 2.
Shall Not Be Infringed!
About Dan Wos, Author – Good Gun Bad Guy
Dan Wos is available for Press Commentary. For more information contact PR HERE
Dan Wos is a nationally recognized 2nd Amendment advocate and Author of the “GOOD GUN BAD GUY” series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on the Sean Hannity Show, NRATV, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.