If you want to read the "text, history, tradition" argument for why New York's restrictive concealed carry law is constitutional under Heller/McDonald, this is the best paper I've seen to that end.
The US made a similar argument at the Court. Concealed carry bans and "good reason" permit schemes date back to reconstruction. They were even relatively common by the 20th century. So, there is more of a historical record to back them up in a text, history, tradition test.
One big problem with the argument is total bans on carry, which is closer to what New York has in practice, were rarer. And many involved carry with the intent to terrorize people. Alito noted this in a North Carolina statute that was brought up.
The concealed carry bans and "good reason" permit schemes also don't date back further than the late 19th century. So, I'm not sure the justices will find that convincing. But, from what I've seen, it's the strongest argument New York has in the case.
It also provides some insight into how a "text, history, tradition" standard of review for gun laws is not going to result in slam-dunk rulings against lots of different restrictions.

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More from @StephenGutowski

4 Nov
This is a much bigger deal than what they decide in the actual case. A "text, history, and tradition" standard would probably result in many modern gun laws being struck down, such as "assault weapons" bans.
Interestingly, the US Solicitor General was on board with using the standard. His argument was that it should be used in cases where the history provides a clear answer and the court should default to intermediate scrutiny otherwise.
Plaintiffs took the opposite view. They want strict scrutiny if the court doesn't go with text, history, and tradition.
Read 4 tweets
3 Nov
Breyer and Sotomayer are grilling the plaintiffs right now.
Roberts is asking the plaintiffs about what they see as the limits of the Second Amendment's protections for concealed carry. He asks what locations could a government block those with permits from carrying guns.
Plaintiffs respond that places like schools would be an example. They say "sensitive place" restrictions are different from a ban on all concealed carry.
Read 48 tweets
3 Nov
Meet the new lieutenant governor of Virginia:
It was a big night for gun-rights advocates in Virginia. thereload.com/gun-control-in…
Winsome Sears is the first black woman to win statewide office in Virginia. She is also another nail in the coffin of the "assault weapons" ban gun-control activists have been unsuccessfully pursuing in Virginia since 2019. thereload.com/gun-control-in…
Read 4 tweets
30 Oct
This is honestly embarrassing. I've seen more balanced and serious Second Amendment analysis from literal gun-control groups. I laughed when the reporter puzzled through who exactly has the right to keep and bear arms. If only the Constitution directly told us that part!
This report couldn't even get the basics right. 8 states have may-issue concealed-carry laws, not 6. Miller said the sawed off shotguns weren't protected under the Second Amendment because they weren't useful in militia service, not because the plaintiffs weren't in the militia.
Did the people putting together this report ever wonder why the Supreme Court didn't take a Second Amendment case until 1939? Could it be because the federal government didn't have gun laws until that decade? But, how could that be if everyone agreed gun rights weren't real? 🤔
Read 6 tweets
26 Oct
This gets the broad strokes right but also includes a bunch of bizarre claims. No, it's not easier to get a handgun than to do "just about anything else in this country." They aren't popular just because of "sheer availability." AR-15s do not have bigger bullets than handguns.
The piece also features a quote from a gun-control supporter asking for a single reason why anyone would own a gun and concluding there isn't one. It's fair to include his perspective, but they don't provide anyone to give a reason why they own a gun.
The reader is left with the implication nobody could give a single good reason to own a gun. But, only about 43% of American households report owning a gun. So, I guess it's difficult to find a source to give you their perspective on why they choose to do so.
Read 7 tweets
24 Oct
If this is true, the amount of negligence is astounding.
There may be circumstances where live ammunition is needed for filming, but it should never be stored anywhere near blanks. Really, it'd be better to film any live ammo scene at a different location or different date than any scene involving blanks.
This report claims the gun was handled by at least three people who thought it was unloaded. Nobody took the few moments necessary to check the cylinder to verify it was actually unloaded. This could have been stopped at several different points by several different people.
Read 4 tweets

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