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Some (brief) notes on Bruen

New York State Rifle & Pistol Association Inc. v. Bruen, USSC No. 20-843, 6/23/22 reversing N.Y. State Rifle & Pistol Ass’n v. Beach (2nd Cir. unpublished); Scotusblog page (including briefs and commentary)

You can read tons of analysis of, and commentary on, of this precedent-demolishing (and establishing) case at Scotusblog (and many, many other places). SCOTUS abandoned its previous balancing approach to assessing gun regulations under the Second Amendment in favor of a history-only approach (with that “history,” as so often in SCOTUS, very much in dispute). As to the specific question before it, the Court struck down state concealed-carry licensing regimes that invest authorities with discretion to decide whether to issue a permit to a given applicant (the so-called “may-issue” model).

Regarding the Wisconsin-centric effects of this decision, on the narrow question they are nil: Wisconsin law already provides that applicants 21 or older are entitled to a permit if they complete a training course and meet other criteria (it’s a “shall-issue” state). See Wis. Stat. § 175.60. As to the Court’s new analytical approach, it’s hard to say. Our state already has very few firearms restrictions, and as yet the Court seems disinclined to disturb those restrictions that apply only to felons, those subjected to mental commitments, etc. But, given that precedents are now subject to change every few years, your guess is at least as good as ours.

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