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⚖ The Constitutional Angle
Under Bruen, when the Amendment's text covers a person's conduct, the government must justify a restriction with a historical tradition of comparable regulation, not policy arguments. Caetano held the Amendment reaches all bearable arms, including those not existing at the founding, and unusual cannot mean merely uncommon in 1789. An AR-15 ban rises or falls on founding-era analogues.
New York State Rifle & Pistol Association v. Kevin P. Bruen, Superintendent of New York State Police 597 U.S. 1 (2022)
Vote: 6-3 · Opinion: Thomas
New York's requirement that applicants demonstrate 'proper cause' — a special need for self-protection distinguishable from the general community — to obtain an unrestricted public-carry license violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment…
Jaime Caetano v. Massachusetts 577 U.S. 411 (2016)
Vote: Unanimous per curiam (8-member Court, post-Scalia); no recorded vote split · Opinion: Per curiam (unsigned)
Summarily vacating the SJC's judgment without briefing on the merits or oral argument, the Court held that each of the SJC's three rationales contradicted Heller: the Second Amendment extends prima facie to all bearable arms, including those not in existence at the founding; 'unusual' cannot be equated with 'not in common use in 1789';…
Precedent facts from the PW Law Library — primary-source verified & independently audited
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