B.L.U.F.
A long look at what the state is arguing. It has become repetitive. We continue to examine each filing made by the state, looking for some new argument.

The best I’ve found is “oh, look at what all the district courts in infringing states have said!”
(3000 words)

Four-hundred ninety-four days ago, the Supreme Court slapped down the infringing states, “may issue” game. The Supreme Court emphasized that the two-step shuffle of means-end was not acceptable. They commanded that the inferior courts use text, history, and tradition when analyzing a Second Amendment Challenge.

The Bruen opinion calls into question every gun-control infringement in the country. The states, not happy with being forced to issue CCWs, responded with Bruen Tantrum Bills. These bills were intended as direct challenges to the Supreme Court.

Since then, there have been hundreds of Second Amendment challenges filed. Both as civil suits and as criminal defenses.

The State’s Starting Point

The states start by looking at the Heller, McDonald, and Bruen opinions. They are looking for any openings to support their infringements.

Their go-to citations are:

• The Second Amendment is not a straight-jacket
• We are aware of no dispute over longstanding regulations
• We presume that laws regulating NFA items are constitutional

Since the Supreme court did not explicitly say that there are no constitutional regulations on firearms, that means there must be constitutional limits. It is the task of the state to find those constitutional regulations.

The Plain Text

In Heller the court spent many pages defining exactly what each word and phrase in the Second Amendment meant. Every. Single. Word.
Read More