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Reason
Reason
Jacob Sullum

SCOTUS Vacates 4 Decisions Upholding Gun Control Laws Whose Constitutionality Now Looks Doubtful

The Supreme Court yesterday vacated four appeals court decisions upholding gun control laws, remanding the cases for reconsideration in light of its decision last week in New York State Rifle & Pistol Association v. Bruen. The remanded cases involve Hawaii's restrictions on carrying guns for self-defense, California's 10-round magazine limit, a similar New Jersey law, and Maryland's "assault weapon" ban.

In Bruen, the Court said New York's restrictions on carrying concealed handguns in public, which required "proper cause" for a permit, violated the Second Amendment. The majority opinion by Justice Clarence Thomas, which was joined by five other justices, also clarified the constitutional test for gun regulations, rejecting "interest-balancing" standards in favor of a historical approach that asks whether a challenged law is analogous to restrictions that have traditionally been viewed as consistent with the right to keep and bear arms.

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