The Third Rails of Second Amendment Jurisprudence: Guidance on Deriving Historical Principles Post-Bruen – Mark W. Smith
The Third Rails of Second Amendment Jurisprudence:Guidance on Deriving Historical Principles Post-Bruen Mark W. Smith* This article proposes a method by which courts and litigants can resolve recurring questions presented in litigation over the right to keep and bear arms. Three Supreme Court cases, District of Columbia v. Heller (2008),[2] New York State Rifle & Pistol Association v. Bruen (2022),[3] and United States v. Rahimi (2024)[4] established a text-first, history-second methodology for deciding whether […]