Recent Supreme Court Decisions Affecting The Second Amendment:
These decisions appear to be a very strong rebuke of “discretionary” permitting schemes. More significantly, the opinion as authored by Justice Thomas appears to establishes clear judicial tests for gun control laws in general – that is a first and it makes this a much more binding (expansive) opinion than MacDonald. This will be a much more difficult opinion for states like NY, NJ, CA, MA, CT, and HI to ignore. This opinion should upend their laws.
Given what we have witnessed since the Clinton administration, there is a strong likelihood of “leftist state disobedience” regarding the requirements of this decision.
The real question will be what will the federal appellate and district courts do…how will they apply the new “historic context” strict scrutiny tests? Time will tell.
