Gun Law after Bruen
An interview with Prof. Joseph Blocher
Cases and Law Discussed
NYSRPA v. Bruen
- Opinion of the Court
- Justice Kavanaugh Concurrence
- Justice Breyer Dissent
- Amicus Brief: co authored by Prof. Blocher
Additional Cases Discussed
- District of Columbia v. Heller (2008) Established the personal 2nd Amendment right and struck down a law banning the keeping of guns in the home.
- United States v. Miller (1939) The possession of a sawed-off double barreled shotgun is not protected by the 2nd Amendment since it has no reasonable relationship to the preservation of efficiency of a well-regulated militia
- Heller v. D.C. (2011) Utilized two-part test developed by lower courts after Heller (2008). Justice Kavanaugh filed a dissent, advocating for the test of text, history, and tradition later adopted in Bruen.
- McDonald v. Chicago (2010) Through the 14th Amendment, the 2nd Amendment right to keep and bear arms is applicable to states
- United States v. Class (2018) Guns can be restricted on the grounds of the United States Capitol.
- Bonidy v. Brady Center (2015) Guns can be restricted at the post office or in the post office parking lot.
- Kanter v. Barr (2019) Laws that bar felons from obtaining firearms do not violate the 2nd Amendment since they are related to a substantial government interest
Law Discussed
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
–Second Amendment to the United States Constitution
