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Summary
Transcript
This is Guns and Gadgets. If you care about the Constitution, if you love the Second Amendment, if you care about why this country is headed where it’s headed or how we can get it back to where it’s supposed to be, you’re in the right place. Today, we’re gonna break down what’s happening right now at the United States Supreme Court. No hypotheticals, no speculation, actual cases that are either pending, recently argued, or positioned for review that could dramatically shape the future of the right to keep and bear arms. And this is big. Before I jump into the information, I want to thank a company and a product that you’ve probably already owned.
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Each Checkmate magazine is 100% developed and manufactured here in the United States of America, backed by a lifetime factory warranty to ensure superior performance, reliability, quality, fit and finish, and they just work with your favorite firearm. Now check about at the link down below, and big thank you to Checkmate for sponsoring the work we do here. All right, so since the Supreme Court decided New York State Rifle and Pistol Association versus Bruin, everything’s changed. Not as fast as we want it to, but it’s changed. Bruin didn’t just strike down New York’s proper cause requirement for concealed carry.
It rewrote the test that every Second Amendment case in America must be decided by. The court said, if the Second Amendment’s plain text covers the conduct, then the government must justify the regulation by showing it is consistent with this nation’s historical tradition of firearm regulation. No more interest balancing, no more public safety outweighs rights, no more two-step scrutiny. Text. History. Tradition. That’s the battlefield, and now the Supreme Court is being asked to clarify how far that standard goes. Let’s talk about the first issue here. Who can be prohibited from possessing firearms? One of the biggest ongoing fights involves federal prohibitions on certain categories of people possessing firearms, especially under 18 U.S.C.
Section 922 G. You’ve heard, watched many videos on this channel discussing the issues with that and how many lawsuits there are. The Supreme Court has already addressed part of this in United States versus Rahimi, and in Rahimi, the court upheld the prohibition on firearm possession by individuals subject to domestic violence restraining orders. The majority leaned heavily on historical analogues involving disarming dangerous individuals. That ruling was very narrow, but it opened a door. And now, lower courts are wrestling with each other on other subsections of 922 G, including nonviolent felons, marijuana users, and individuals under indictment.
And one of the cases drawing national attention involves whether unlawful users of controlled substances can be categorically prohibited from possessing firearms. But the question isn’t whether drugs are legal or not. The constitutional question is this. Is there a historical tradition from the founding era of disarming people based solely on substance use? And that’s where the fight is. If the court takes one of these cases, it could redefine who qualifies as the people protected under the Second Amendment, and that would be seismic. The second issue is sensitive places and how far states can go.
After Bruin, anti-gun states didn’t surrender. They retaliated. They passed sweeping sensitive places laws declaring massive portions of public space off-limits to lawful carry. We’re talking about public transportation and parks and restaurants that serve alcohol, private property by default, the vampire rule, and entire swaths of cities. States like New York, New Jersey, California, and others enacted laws that many legal scholars argue are designed to circumvent Bruin. And the lower courts are split on this. Some are upholding parts of these laws while others are striking them down. The Supreme Court is being asked to step in and clarify what actually qualifies as a sensitive place under historical tradition.
In Bruin, the court mentioned courthouses, legislative assemblies, and polling places. But anti-gun states have attempted to stretch that language into a bigger swath of areas, like beyond recognition. If the court grants cert in one of these challenges, we could see a landmark ruling that either reinforces Bruin and sharply limits state overreach, or gives states broader authority to carve out no carry zones. And that matters tremendously for constitutional carry states and reciprocity nationwide. And the third issue is age restrictions. Another developing front, age-based firearm restrictions. Can 18 to 20 year olds be barred from purchasing handguns? Some courts have ruled that young adults are part of the people and thus fully protected.
Those courts, those judges have probably read the Constitution and know what the militia is and know that our independence was secured with this same age group fighting for freedom. Now, others have upheld these restrictions. And historically, militia laws at the founding required 18 year olds to be armed. That historical fact is a serious problem for modern day bans. If the Supreme Court takes an age restriction case, it could finally resolve whether young adults enjoy fully Second Amendment protected facets or just enjoy the Second Amendment protection as a whole. Or whether governments can treat them as second-class constitutional citizens.
Now, here’s what most people miss. The Supreme Court does not take cases randomly. It might seem like it for us, especially in the Second Amendment arena. But they look for circuit splits, confusion in lower courts, national importance, and clean constitutional questions. And right now, we have all four of those. The post-Bruin world has produced massive instability in Second Amendment jurisprudence. Some lower courts are faithfully applying the text history tradition test, while others are stretching historical analogues beyond credibility. The justices should be watching. The next major Second Amendment case is not a matter of if, it’s a matter of when.
Now, let’s make this practical. If the court rules broadly in favor of our right to keep and bear arms, sensitive places overreach will collapse, category-based prohibitions could shrink, age bans could fall, and the dangerousness standard could become narrowly defined. If the court narrows Bruin, states may regain regulatory flexibility, and federal prohibitions could expand under historical reinterpretation. And we could see years of additional litigation to define the edges of this area. This is not abstract law school theory. This actually affects where you can carry, who can own, what categories of Americans are deemed to be disarmed, and the future of reciprocity.
At its core, every one of these cases asks the same thing. Is the Second Amendment a second-class right? Or is it co-equal constitutional protection that must be treated like speech or religion or due process? Now, Bruin said it’s not a second-class right. Rahimi clarified that dangerous individuals may be disarmed consistent with historical tradition, but the next docket entries will determine how narrowly or broadly those principles apply. The Supreme Court will review petitions for certiorari. They’ll decide whether to grant review. They’ll hear oral arguments in whatever cases they accept, and they’ll issue opinions likely before the end of the term, which is typically like June-ish before they beat feet for the summer.
And if cert is granted in one of these major pending Second Amendment cases, you can expect national headlines, and you will hear all about it here on Guns and Gadgets, so subscribe to the channel here, and I’ll keep you in the loop, and you know I’ll break it down immediately if or when it happens. That’s why staying informed matters. This is why understanding the historical tests matters, and this is why vigilance in defending constitutional rights is essential. If you appreciate detailed breakdowns of what is actually happening at the Supreme Court, not just headlines and me give you an opinion, but if you want the facts, make sure you are subscribed to Guns and Gadgets.
Drop your thoughts below. Do you think the court will expand Bruin or narrow it? I want to hear from you, and as always stay informed, stay engaged, stay armed, and stay free. God bless you. God bless America, and I’ll see you on the next one. Take care. [tr:trw].
See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.