Washington, DC — In June 2022, the United States Supreme Court ruled 6-3 in the landmark case of New York State Rifle and Pistol Association v. Bruen.
The Bruen decision struck down most, if not all, laws that restricted the carrying of concealed weapons in New York State. Additionally, several other gun-related cases that were previously decided contrary to the Second Amendment by various federal circuit courts of appeals are now being reconsidered. These cases involve issues such as so-called assault weapons, magazine capacity limits, waiting periods, age requirements for gun ownership, non-violent felons in possession of firearms, and other related matters.
The Supreme Court granted certiorari, vacated the previous opinions of the courts of appeals, and remanded the cases back to the lower courts for decisions consistent with the 135-page Bruen ruling. This process has been ongoing for the past two years, and these cases are expected to resurface as the Supreme Court reconvenes on the first Monday of October.
In its ruling, the Court affirmed that the Second Amendment means exactly what it says. The Bruen decision effectively invalidated most gun control laws that infringe on the right to possess and carry arms. The Court also made it clear that modern-day public safety concerns cannot justify laws that infringe upon gun rights.
If two-thirds of the American people wish to repeal or amend the Second Amendment, they must go through the rigorous political process required to make that happen.
As a result of the Bruen decision, most gun-related cases will be decided in favor of Second Amendment rights. Anyone charged with a gun possession crime should consider filing motions to dismiss based on Bruen. Currently, the majority of states do not require permits or registration of firearms. In these states, firearms can be carried in public, whether concealed or openly, and there has been no significant rise in crime.
Contrary to media narratives, the Supreme Court has not expanded gun rights but has simply restored rights that were wrongfully violated by various political entities. It's worth noting that many gun control laws originated during the post-Civil War Reconstruction era as a means to disarm newly freed slaves.
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