{"id":90251,"date":"2023-02-20T23:29:28","date_gmt":"2023-02-21T05:29:28","guid":{"rendered":"https:\/\/milesfortis.com\/?p=90251"},"modified":"2023-02-20T23:29:28","modified_gmt":"2023-02-21T05:29:28","slug":"90251","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=90251","title":{"rendered":""},"content":{"rendered":"

What AP calls ‘turmoil,’ we call ‘about time’<\/a><\/p>\n

The Associated Press, or AP, is supposed to be unbiased, though we\u2019ve all seen countless examples of them being anything but.<\/p>\n

That\u2019s especially true regarding matters pertaining to the Second Amendment.<\/p>\n

These days, the right to keep and bear arms may have a firmer foundation on which to rest following the\u00a0Bruen<\/em>\u00a0decision. It\u2019s rather clear that there can be no total gun ban and that any restriction has to conform to a particular framework that won\u2019t be easy for any law.<\/p>\n

It seems this has led to what the\u00a0AP calls \u201cturmoil\u201d in the courts<\/a>.<\/p>\n

\n

A landmark U.S. Supreme Court decision<\/a>\u00a0on the Second Amendment is upending gun laws across the country, dividing judges and sowing confusion over what firearm restrictions can remain on the books.<\/p>\n

The high court\u2019s ruling that set new standards for evaluating gun laws left open many questions, experts say, resulting in an increasing number of conflicting decisions as lower court judges struggle to figure out how to apply it.<\/p>\n

The Supreme Court\u2019s so-called Bruen decision changed the test that lower courts had long used for evaluating challenges to firearm restrictions. Judges should no longer consider whether the law serves public interests like enhancing public safety, the justices said.<\/p>\n

Under the Supreme Court\u2019s new test, the government that wants to uphold a gun restriction must look back into history to show it is consistent with the country\u2019s \u201chistorical tradition of firearm regulation.\u201d<\/p>\n

Courts in recent months have declared unconstitutional federal\u00a0laws designed to keep guns out of the hands of domestic abusers,<\/a>felony defendants<\/a>\u00a0and\u00a0people who use marijuana<\/a>. Judges have shot down a federal ban on possessing guns with serial numbers removed and gun restrictions for young adults in Texas and have blocked the enforcement of Delaware\u2019s ban on the\u00a0possession of homemade \u201cghost guns.\u201d<\/a><\/p>\n

In several instances, judges looking at the same laws have come down on opposite sides on whether they are constitutional in the wake of the conservative Supreme Court majority\u2019s ruling. The legal turmoil caused by the first major gun ruling in a decade will likely force the Supreme Court to step in again soon to provide more guidance for judges.<\/p>\n

\u201cThere\u2019s confusion and disarray in the lower courts because not only are they not reaching the same conclusions, they\u2019re just applying different methods or applying Bruen\u2019s method differently,\u201d said Jacob Charles, a professor at Pepperdine University\u2019s law school who focuses on firearms law.<\/p>\n<\/blockquote>\n

Sure, there\u2019s a bit of confusion. The\u00a0Bruen<\/em>\u00a0decision has set a stage most courts have never seen before. They now have to consider whether the Founders would have approved of such a law by looking at whether or not they approved of something similar during their own time.<\/p>\n

But is it really a bad thing?<\/p>\n

The only downside is that it\u2019s taken us this long to get to this point. While the AP is apparently concerned that the status quo has been upturned, I\u2019m more upset that the status quo was allowed to become the status quo in the first place.<\/p>\n

It\u2019s just insane that it came to this.<\/p>\n

Yet here we are. We now have an opportunity to right the ship and put the onus on things back where they were. No longer can courts just claim it\u2019s in the government\u2019s interest to restrict our rights \u2013 something they\u2019d never say about the First or Fourth Amendments, it should be remembered \u2013 but must instead look at the matter objectively and compare it to historical precedent.<\/p>\n

The AP may lament this \u201cturmoil,\u201d but I only lament that we didn\u2019t have this upheaval a long time ago.<\/p>\n","protected":false},"excerpt":{"rendered":"

What AP calls ‘turmoil,’ we call ‘about time’ The Associated Press, or AP, is supposed to be unbiased, though we\u2019ve all seen countless examples of them being anything but. That\u2019s especially true regarding matters pertaining to the Second Amendment. These days, the right to keep and bear arms may have a firmer foundation on which … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,75],"tags":[],"class_list":["post-90251","post","type-post","status-publish","format-standard","hentry","category-crap-for-brains","category-media"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90251","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=90251"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90251\/revisions"}],"predecessor-version":[{"id":90252,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90251\/revisions\/90252"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=90251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=90251"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=90251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}