The Second Amendment

Question 1

What is the test to determine if regulation is consistent with the 2nd A?

Answer 1

1) How does the regulation limit the right?
2) Why?
- Cannot be simply to limit the right
3) The burden is on the government to prove that regulation is consistent with nation’s historical tradition of firearm regulation (Bruen)

Question 2

What is the outcome of Bruen?

Answer 2

Historical regulations did not restrict public carry to those only with a special need for self-defense

Historical regulations were placed on carrying in “sensitive places” and the manner of public carry