"Because the government has the burden, the lack of evidence would cut in favor of Plaintiffs’ challenge. But this case ends early under the Ninth Circuit’s pre-emptive carve-out for longstanding restrictions, described next."
"It also means that a citizen may not bring an otherwise protected weapon, for example an AR-15 rifle, into a school, the Capitol, a courthouse, a church, or other sensitive places where a legislative body has prescribed reasonable regulations."
"If judges accept Young’s invitation to uphold firearm restrictions without further analysis, a longstanding firearm restriction may be left stuck in the past, only because it has not been challenged before the present."
"Unlike modern restrictions that have no historical pedigree, for example, prohibitions on AR-15 platform rifles... or prohibitions on large capacity magazines... or mandatory ammunition background checks... or the shrinking handgun roster provisions..."
"For a step-two inquiry, DeCiccio’s means-end analysis is sound and this Court would likely agree."
"Plaintiffs argue that the historical prevalence raises merely a rebuttable presumption of constitutionality and that they have rebutted the presumption. The assertion is unsupported by anything more than a scintilla of evidence. But it does not matter under [CA9] precedent."
"Under controlling precedent precluding further analysis, because the 104-year-old regulation is longstanding, it is therefore beyond the sweep of the Second Amendment."
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