Dangerous, but not Unusual: Mistakes Commonly Made by Courts in Post-Bruen Litigation

Dangerous, but not Unusual: Mistakes Commonly Made by Courts in Post-Bruen Litigation

When the U.S. Supreme Court decided New York State Rifle & Pistol Association v. Bruen, it provided the lower courts with a detailed roadmap to ensure proper application of the text-first and history-second methodology employed by the Court in the Second Amendment context since District of Columbia v. Heller. Yet notwithstanding the Court’s explicit directions, many lower courts fail to follow Bruen and either take a wrong turn or implement their own shortcuts when deciding constitutional challenges to modern-day firearm restrictions.

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