A judge’s ruling striking down a federal law that bans licensed federal firearms dealers from selling handguns to young adults under 21 is the latest example of how a landmark Supreme Court decision is transforming the legal landscape around firearms.
from gun-rights activists and created turmoil in the courts as judges wrestle over what gun restrictions can remain on the books.
Thomas said the old standard was wrong and said courts should no longer consider whether the law serves public interests, like enhancing public safety. Governments that want to uphold a gun restriction must point to similar restrictions from history to show that the law is consistent with the country’s “historical tradition of firearm regulation,” the Supreme Court said.U.S.
The case is challenging the constitutionality of the Gun Control Act of 1968 and the associated regulations from the Bureau of Alcohol, Tobacco, Firearms and Explosives. In some cases, judges looking at the same laws and same historical record have come down on different sides on whether they are constitutional under the Supreme Court's Bruen test. Several judges, for example, have upheld a federal law banning people under indictment for felonies from buying guns, while others have declared it unconstitutional.
“There is a reason that historians attend years of demanding schooling and that their scholarship undergoes a rigorous peer-review process before publication,” he wrote.
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