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wmlr_65-1_Denning Reynolds-pgs79-126.pdf

🔗 Source: wmlawreview.org

📊 Size: 226 KB

📄 Pages: 48 pages

⬇️ Downloads: 85

Summary

New York State Rifle & Pistol Association, Inc. v. Bruen was the first significant Second Amendment case heard by the Supreme Court in nearly 15 years, since District of Columbia v. Heller. The Court held that the Second Amendment's protections extend beyond the home and that New York's discretionary licensing laws violated the Second Amendment. The decision, written by Justice Clarence Thomas, introduced methodological changes to Second Amendment analysis, replacing intermediate scrutiny with a text-history-tradition approach. The opinion requires courts to determine if the regulated activity is covered by the Second Amendment's text, and if so, the government must prove that history and tradition legitimize its regulatory efforts, or find an analogous regulation. This approach may threaten various gun control laws and has significant implications for lower courts.

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New York State Rifle & Pistol Association, Inc. v.

Technical Information

File Format: PDF
File Size: 226 KB
Pages: 48
Language: EN
Total Downloads: 85
Last Updated: 1 week ago

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