Blackvegetable » 30 Aug 2024, 1:10 pm » wrote: ↑ Tiny,
Bruen is a piece of **** which will be taken down by a thousand cuts...unless the Constitution makes specific reference to "auto-sears", the ATF prohibition is in conflict with recently established standards.
This is, of course, patently silly...SCOTUS will reverse 8-1 with someone tasked with writing a majority opinion which doesn't make Free Ride look like the putz he is. Free Ride will submit a surly dissent.
Justice Ketanji Brown Jackson said the "historical tradition" test for gun rules that the court created in its landmark 2022 decision in New York State Rifle & Pistol Association v. Bruen is “unworkable.”
Rather than evaluating whether a gun rule is a justifiable way of addressing a modern problem, judges must sift through centuries-old evidence to find a previous law that’s roughly equivalent, she wrote in a concurring opinion joined by Justice Sonia Sotomayor.
For example, in the case decided June 18, Justice Neil Gorsuch cited the drinking habits of the founding fathers as evidence that historical laws restricting the rights of habitual drinkers were not a good match for a modern law that makes it a crime for a regular marijuana user to have a gun.
“Had habitual drunkard laws applied to those who simply drank regularly," he wrote, "many notable early Americans could have faced trouble."
Jackson agreed with that reasoning but said the test itself is bad. She said the court should consider in a future case “whether to retire the failed Bruen experiment.”
The court, which has a conservative 6-3 majority, split along ideological lines when deciding Bruen in a case that expanded the Second Amendment right to bear arms outside the home.
Two years later, all but Justice Clarence Thomas signed onto an opinion that made it easier to apply the historical tradition test.
But lower courts are still having trouble applying it.
Jonathan Lowy, president of Global Action on Gun Violence, said Jackson is exactly right that judges are not equipped to play historians and the Bruen test should be scrapped.
“While the court was correct that a gummy at bedtime should not automatically disqualify someone from guns, that’s because of 2026 views on marijuana use, not because of 18th or 19th century laws that now determine the fate of all gun laws,” he said in a statement. “Twenty-first century gun violence can’t be solved with 18th century solutions.”
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"THOUGHTS!"