The Supreme Court recently declared a new standard for Second Amendment jurisprudence, "text, history, and tradition." Established by the 2022 landmark decision, NYSRPA v. Bruen, the text, history, and tradition test now governs laws restricting the right to keep and bear arms – invalidating any gun laws that fail to meet its standard. Second Amendment scholar, Prof. Joseph Blocher of Duke Law School explains the new test, its history, and some potential questions surrounding its application. Prof. Blocher explains that the new test supplants a prior 2A test, generally referred to as the “two-part test.” He then compares and contrasts the two-part test and the newly confirmed text, history, and tradition test and suggests some likely challenges in applying the new rule.
Joseph Blocher is a leading Second Amendment scholar and a professor at Duke Law School and serves as Co-Director of the Center for Firearms Law.