Post-McDonald Second Amendment Cases

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  • tjaw

    Member
    Nov 14, 2014
    81
    Monkton, MD.
    SCOTUS ruling on Bruen is published! "..the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”

    Full ruling is in the attached.
     

    Attachments

    • SCOTUS_Bruen.pdf
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    Snav

    Active Member
    Feb 27, 2013
    349
    Montgomery Co.
    SCOTUS ruling on Bruen is published! "..the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”

    Full ruling is in the attached.
    IMHO a hidden benefit of this ruling is most cases, in lower courts, passed using other than Strict scrutiny may be open for re-visitation.
     

    243hunter

    Active Member
    Oct 26, 2012
    477
    Illinois
    So likely a whole slew or revisitations including maybe denial of recent legislation?
    The issue is how many of those cases that were loses would of been wins if the courts hadn't played the intermediate scrutiny card. How many of those cases are not even directly citable now due to incorrect use of means end scrutiny.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,502
    DE
    23) NRA Jennings D'Cruz v. McCraw et al (TX CCW restrictions for 18-20 year olds) NRA​
    5th Circuit Court of Appeals Filed: 1/31/12 Case: 12-10091​
    On Deck: SCOTUS Cert Denied.
    clarence-thomas-laser-eyes.jpg


    “The issue is whether prohibiting law-abiding 18-to-20-year-olds from carrying a handgun in public for self-defense is consistent with this Nation’s historical tradition of firearm regulation,” Judge Mark Pittman ruled in a Thursday opinion.

    “Based on the Second Amendment’s text, as informed by Founding-Era history and tradition, the Court concludes that the Second Amendment protects against this prohibition. Texas’s statutory scheme must therefore be enjoined to the extent that law-abiding 18-to-20-year-olds are prohibited from applying for a license to carry a handgun.”

    Pittman analyzed the application of other amendments — namely the First and Fourth — to the 18-20 age cohort, and ruled “because neither [of those amendments exclude] 18-to-20-year-olds, the Court declines to read an implicit age restriction into the Second Amendment.”

     

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