Home Forums Hunting & Shooting Hunter's Campfire Misdemeanor gun forfeiture

Someone with a legal mind: How does that jibe with Bruen?

Not a lawyer but Bruen requires 2A cases to be determined by the text, history and tradition during the period of 1791-1868. Plus the burden is placed on government to show how it conforms to same rather than it being the burden of the citizens to defend against the infringement.

Previously 2A cases were usually determined by a two step approach where the supposed possible harm to the population was weighed against the right under the constitution. Justice Thomas said that this was one step too many.

SCOTUS ruled that this two step approach was no longer valid in determining 2A cases as the framers already took in to account the possible repercussions at the time they wrote the amendment.

Now the problem is that some states and municipalities are butthurt about Bruen and they are on a retribution campaign. The issue on our side to fight this is in finding litigants that have actual standing that the court will recognize. We are learning how to play the game and will eventually prevail on most all 2A cases as I see it. Eventually the SCOTUS will get tired of lower courts that do not follow their directive.
The anti gun crew is stalling by using the courts. They may want to change scotus by packing the court to their advantage. That’s their only Hail Mary as I see it. They will never be able to change or repeal the 2A.