The 6-3 U.S. Supreme Court decision striking down a type of gun carry restriction embraced by only six states, will have the effect of making all sorts of regulations all across the country vulnerable to new legal challenges.
put in place by the Bureau of Alcohol, Tobacco, Firearms, and Explosives under former President Donald Trump. The high court may opt to take up those cases, or it might send them back down to lower courts with instructions that the laws are reexamined under Thursday's ruling.
"Although the historical record yields relatively few 18th- and 19th-century 'sensitive places' where weapons were altogether prohibited -- e.g., legislative assemblies, polling places, and courthouses -- we are also aware of no disputes regarding the lawfulness of such prohibitions," Thomas said. "We therefore can assume it settled that these locations were 'sensitive places' where arms carrying could be prohibited consistent with the Second Amendment.
Thomas' opinion also declined to resolve a "scholarly debate" over whether, when analyzing the historical context around modern gun laws, courts should be looking at 1791, the birthdate of the Second Amendment, or 1868, when the 14th Amendment was ratified.
"And, most importantly, will the Court's approach permit judges to reach the outcomes they prefer and then cloak those outcomes in the language of history?" Breyer wrote.
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