#SCOTUS Justices on both sides of the court’s ideological divide seemed to think the #SecondAmendment does not keep legislatures from restricting #FirearmPossession after some sort of court finding that a person is dangerous. During oral arguments Tues morning, some of the justices suggested they did not have to go much further than that to decide the case at hand.
The justices were taking their first extensive look at the fallout from their 2022 decision in New York State Rifle & Pistol Assn v. #Bruen, which requires the govt to point to historical analogues when defending #laws that limit #SecondAmendment#rights.
The decision has created considerable churn in lower courts, w/dozens of #GunControl laws declared suspect as a result of the justices’ new test.
Prelogar said the court should use the present case — involving a Texas man arrested for possessing guns while the subject of a #DomesticViolence#RestrainingOrder — to give more guidance to lower courts. But it was unclear whether the justices had an appetite for that, or were simply looking for a narrow way to resolve the issue at hand.
@Nonilex Now I desperately want to write a final exam hypo for a Con Law class. "The Supreme Court has held that restrictions on firearm ownership are permissible only when they accord with restrictions in effect at the time the Second Amendment was adopted. In a subsequent case, they clarified that people who are dangerous may be restricted from owning firearms without offense to the Second Amendment. A prominent person named Ronald Stump, who has a very large social media following, has posted that a military official named Millie Marcus is guilty of treason and should be shot. The State of Confusion, where Mr. Stump is domiciled, has a law providing that people who use social media to threaten to assault anyone with a firearm may not own firearms. Confusion state police have confiscated Stump's firearms pursuant to this statute. Stump sued in federal court, asserting that the statute is unconstitutional. What arguments will be made on both sides, and what will be the outcome?"
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