An open carry gun activist takes part in a march from the Lansing Capitol to the Michigan Hall of Justice on Thursday Sep. 17, 2020 in Lansing, Mich. has settled the issue of whether some “dangerous” people can be denied gun rights, but its ruling last week won’t shut down the tidal wave of gun cases surging toward the justices.
The 6-3 ruling in Bruen created a history test: For a law to survive Second Amendment scrutiny, it must have been the type of restriction the founders would have countenanced. After a tense encounter with an ex-girlfriend, he was slapped with a restraining order. Section 922 of federal gun laws prohibited him from possessing a firearm, but he was found with one anyway.
“Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms. As applied to the facts of this case, Section 922 fits comfortably within this tradition,” the chief justice said in upholding the federal law. Scholars described the ruling as somewhat of a do-over of Bruen, with the justices grappling with the implications of their earlier case.
He said the high court’s precedent recognizes that the Second Amendment has some limitations and that precedent takes history into account.said judges can disagree over how they see history but it’s the only way to approach these sorts of constitutional questions.
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