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Reason
Reason
Politics
Stephen Halbrook

Second Amendment Roundup: A Double Shot of Oral Arguments

Once it decided N.Y. State Rifle & Pistol Ass'n v. Bruen (2022), the Supreme Court acted on several Second Amendment cases it had been holding, granting petitions for writs of certiorari, vacating the judgments, and remanding the cases for reconsideration in light of Bruen. One was a challenge to California's ban on magazines holding over ten rounds, and another was Maryland's "assault weapon" ban.  With sparks aplenty flying, these cases were argued en banc on March 19 and 20 before the Ninth and Fourth Circuits respectively.

These cases should be decided in favor of a straightforward application of the constitutional test for addressing challenges to "arms ban" laws set forth in District of Columbia v. Heller.

Bruen simply made more explicit the "plain text first, and then historical analogue laws second" methodology adopted by Heller when it declared that the District of Columbia's handgun ban violated the Second Amendment. Applying that methodology, Heller held that arms that are in common use by Americans for lawful purposes cannot be banned.

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