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Judges Following Supremes On Gun Rts

You won’t likely see this in NY Times or WaPo, but WSJ argues “Judges [Are] Expand[ing] Gun Rights, Taking Cues From Supreme Court.” That is, “Courts are placing more emphasis on traditions” when weighing a given gun reg …


The impetus for this take on the future of gun control efforts, the paper’s story suggests, is “The Supreme Court’s decision this year to strengthen 2nd Amendment protections for carrying concealed weapons [which] is having a ripple effect through the lower courts.” In a 6-3 vote in June, you might recall, the majority struck down New York’s “longstanding strict limits” on carrying concealed hand guns outside the home on the ground the Constitution does not require law-abiding citizens to justify their desire for self-defense. In fact, “several judges have cited the ruling to strike down other gun regulations.”


If the judicial trend continues, then, the key to upholding gun control laws in the future may be to “focus less on [whether a given gun regulation] advances present-day government interests and more, as Justice Clarence Thomas wrote for the court, whether it “is consistent with this nation’s historical tradition of firearm regulation.”


Davd Soul


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