The U.S. Supreme Court’s decision in New York Pistol and Rifle Association, Inc. v. Bruen brings a sea change in the way courts evaluate gun restrictions. Eleven of thirteen circuits h ave engaged in a two-step analysis to determine the constitutionality of these laws. Employing an originalist framework, the Supreme Court instructed lower courts to engage only in the first step—historical analysis.
Because many regulations cannot be traced directly to the founding, this test will require lower courts to analogize.
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