![]() In lieu of guidance, courts have had to make judgment calls, which vary from case to case. Lawrence Solum, a constitutional law professor at the University of Virginia, owed this volatility to judges’ lack of clear guidance from the Supreme Court about how closely a challenged gun law must resemble a historical analogue for it to pass Bruen‘s test. “It hasn’t done any of those three things in practice.” Seeking Clarity “The court in Bruen adopted this new test because it said it would be more manageable, less likely to be manipulated by judges, and provide clarity to the Second Amendment,” Winkler said. Instead, Bruen says it’s the government’s burden to show that a law restricting access to guns is “consistent with the Nation’s historical tradition of firearm regulation.” Parties do this by presenting analogous laws from the 18th and 19th centuries to demonstrate how the modern law at issue does or doesn’t adhere to how the Second Amendment was understood shortly after it was adopted. But it also supplanted the common practice of judges balancing an individual’s right to carry with the state’s interest in public safety. In Bruen, the Supreme Court concluded that the Second Amendment establishes a right to carry a handgun outside the home. ![]() We’re getting different courts going in different directions on the exact same questions,” said Adam Winkler, a professor of law at UCLA specializing in gun policy. “The case outcomes are highly unpredictable. Bruen, a 2022 case that sent shockwaves through the lower courts over how it instructed judges to adjudicate challenges to gun laws. ![]() When the Supreme Court rules on Rahimi’s case, it will be the court’s first opportunity to clarify its decision in New York State Rifle & Pistol Ass’n v. The high court in June agreed to hear the case of Zackey Rahimi, who argues his Second Amendment rights were violated by a law that prohibits an individual under a domestic violence restraining order from owning a firearm. The outcomes of several lawsuits aiming to broaden where gun owners can carry their weapons could hinge on how the US Supreme Court decides an upcoming case about the rights of domestic abusers.
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