UC-Berkely History Professor Brian DeLay is an expert witness states frequently have turned to recently to defend unconstitutional gun control laws in light of Bruen. This week The Duke Center for Firearms law published his article, ‘Bruen & The Myth of Continuity in American Gun Culture.’ In it, he pulls a trick I’ve seen regularly from state defendants and their experts. It goes like this . . .
While they insist that they should be able to use historical analogue laws up through the late 19th century (with some even citing early 20th century laws) as historical justification for their gun control laws, when it comes to firearms technology, they only want to talk about the founding era so they can claim the advancements in guns in the nineteenth and twentieth centuries couldn’t be anticipated.
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