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Reason
Reason
Jacob Sullum

SCOTUS Rejects 'Interest-Balancing' Tests That Treated the Second Amendment As a 'Constitutional Orphan'

When it ruled against New York's restrictions on gun possession outside the home yesterday, the Supreme Court delivered a rebuke to government officials who presume to decide which individuals may exercise a constitutional right. The decision in New York State Rifle & Pistol Association v. Bruen is also a rebuke to lower federal courts that for years have been rubber-stamping gun control laws based on a "two-step" analysis that frequently amounts to approving restrictions as long as the government can articulate reasons for them.

In the landmark 2008 case District of Columbia v. Heller, the Court recognized that the Second Amendment protects an individual right to armed self-defense, including the right to keep handguns at home for that purpose. Two years later in McDonald v. Chicago, the Court extended that logic to state and local laws that prohibit people from keeping handguns for self-defense. Both decisions relied heavily on historical evidence that illuminated the Second Amendment's meaning and scope, including legal commentary, judicial decisions, and the types of gun laws that were enacted in the 18th and 19th centuries.

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