Law Profs: Use Qualified Immunity as a Post-Bruen Shield to Unconstitutionally Confiscate Firearms

Law Profs: Use Qualified Immunity as a Post-Bruen Shield to Unconstitutionally Confiscate Firearms

The Supreme Court’s ruling in NYSRPA v. Bruen threw the political project of gun regulation into question. Before Bruen, states could enact new kinds of gun restrictions if they passed a relatively stringent means-ends test. That is, if laws meaningfully reduced danger, while not too heavily burdening the right to self-defense, they were allowed. After Bruen, only gun controls actually in force in the founding era, and their close analogues, are permissible. Many fewer regulations will now pass the constitutional test.

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