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⚖ The Constitutional Angle
Under Bruen, once an AR-15 is shown to be a bearable arm covered by the Second Amendment's text, the government must justify a ban through the Nation's historical tradition of regulation. Caetano already held the Amendment reaches all bearable arms, including those not existing at the founding, and that common use matters more than 1789 vintage. The argument turns on whether a ban survives that history-and-tradition test.
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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