A Closer Look at the Pivotal Bruen Decision
BY PGF
1 year, 10 months ago
, at Survival Blog:
The U.S. Supreme Court’s New York State Rifle & Pistol Assn., Inc. v. Bruen decision (issued June 23, 2022) was a pivotal ruling. Following up on the District of Columbia v. Heller (2008) and the McDonald v. City of Chicago (2010) decisions, Bruen reaffirmed private gun rights, quite solidly. Up until those three decisions, the Supreme Court had conspicuously ignored taking up any Second Amendment cases, for more than 50 years. But now, the highest court has made it quite clear that the right to keep and bear arms is nigh-on absolute.
I’ve mentioned the Bruen decision before in SurvivalBlog. But today, I’d like like to examine it more closely.
The majority opinion for Bruen was written by one of my heroes, Justice Clarence Thomas. He had previously lamented that the Second Amendment had been treated as “a disfavored right.” But in the 2022 decision, Justice Thomas set things write. He forthrightly wrote that the only gun regulations that can be deemed constitutional are ones that don’t infringe on conduct that is plainly covered by the text of the Second Amendment and that are “consistent with this Nation’s historical tradition.” This part of Bruen means that any gun law enacted at any level must have a demonstrable parallel in regulations that were in place at the time of the ratification of the Bill of Rights — meaning circa December, 1791. Thus, Bruen sets a very high bar for legislators to hurdle. If lawmakers cannot cite a similar law that existed after the War of Independence but before December, 1791, then any statute pertaining to arms of any description would be unconstitutional!
It’s an interesting rehearsal of some little known history, and with Bruen, history matters. In light of the decision, one has to ask by what authority does the F exist in ATF? Read the rest.
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On February 23, 2023 at 9:01 am, J said:
“It’s an interesting rehearsal of some little known history, and with Bruen, history matters. In light of the decision, one has to ask by what authority does the F exist in ATF? Read the rest”
I know it’s a rhetorical question, but the answer needs to be continuously shoved back in their faces…It doesn’t have any legal authority to exist other than gubermintal brute force and public acquiescence.
On February 24, 2023 at 11:29 am, Frank Clarke said:
Almost all federal gun law is predicated on Congress’ power to regulate interstate commerce.
It is a fundamental tenet of jurisprudence that later law supersedes earlier law.
Congress was granted power over interstate commerce in 1789. If that granted power ever encompassed firearm regulation, the grant was revoked in 1791 when the 2nd amendment came into force.