In June, the Supreme Court issued a monumental ruling on the Second Amendment that knocked down an arbitrary and restrictive concealed carry licensing requirement in New York.
It was immediately clear that the ruling would be directly applied to other states with similarly restrictive concealed carry laws, but it has since become evident that the reasoning behind that ruling can and will also be applied to other gun control laws that most gun owners view as violations of their constitutionally protected rights, the Conservative Brief reported.
Indeed, in addition to concealed carry licensing schemes in other states, the high court’s ruling will also soon be applied to cases involving bans on so-called “assault weapons” and “high-capacity” ammunition magazines, among other infringements of the Second Amendment.
Bruen applies to other gun rights beyond concealed carry
The Supreme Court ruled 6-3 in New York State Rifle and Pistol Association v. Bruen that New York’s “may issue” concealed carry licensing scheme, in which applicants had to provide a subjective “proper cause” in order to obtain a license, was unconstitutional.
Justice Clarence Thomas, who wrote the majority opinion, also established a new method for lower courts to deal with Second Amendment-related cases that rejected the prior two-part interest-balancing test relied upon by courts and replaced it with a new test that was constrained to compare only the text of a challenged law with that of the Constitution as well as any historical precedents either for or against the challenged restrictions on gun rights.
In light of the implications of the Bruen ruling on concealed carry and other gun control laws, the Supreme Court ruled the very next day to vacate four major gun rights cases pending at the circuit court level and remand them back to the district court level to be reheard, Reason reported at that time.
Those four cases included similarly restrictive “may issue” concealed carry laws in Hawaii and New Jersey, as well as an “assault weapons” ban in Maryland and a ban on magazines that hold more than 10 rounds in California.
Presuming the lower court judges adhere to the new reasoning and judicial test laid out by Thomas in Bruen, all four of those anti-gun laws — and similar laws in other states and cities — should be summarily struck down as ahistorical infringements upon the Second Amendment-protected right of the people to both keep and bear arms in common use.
Still more work to be done, but victory appears at hand
To be sure, some anti-gun courts and judges will likely attempt to drag their feet and forestall the inevitable — if not blatantly act in contempt of the Supreme Court and revert to the rejected judicial tests — but there are legal organizations at the ready to hold those courts and judges accountable and force the issue in a timely fashion with additional lawsuits.
One of those organizations is the Firearms Policy Coalition, which published a sort of Frequently Asked Questions/ruling explainer to outline what were the most likely outcomes to stem from the Bruen decision.
In short, barring unnecessary delays from some courts and judges, the arc of justice, so to speak, has finally bent in favor of gun rights and it is only a matter of time before most, if not all, courts across the nation comply with the new rules for Second Amendment-related cases and henceforth decide in favor of gun owners and against restrictive government laws.
This is an incredible and long-overdue victory for gun owners and the constitutionally-protected rights they cherish, and it will be quite interesting and extremely gratifying to see Justice Thomas’ Bruen opinion be used to wipe out a litany of anti-gun restrictions.