The Second Amendment is the most litigated right in the Constitution right now. That's not because the doctrine is unclear. It's because several states have decided the Supreme Court's rulings are inconvenient and have organized their legislative calendars around working past them.

Three decisions settled the questions that mattered. Heller (2008) established an individual right to keep and bear arms. McDonald (2010) applied it to the states. Bruen (2022) replaced the interest-balancing framework lower courts had used to uphold almost every gun restriction with a historical-tradition test: regulations must be consistent with America's historical tradition of firearm regulation, and the government bears the burden of proving they are. Those are the holdings. California, New York, and Illinois have spent the years since treating them as starting points for the next workaround.

I'm a Marine Corps OCS graduate with 30 years in institutional investment management. My son graduated from West Point and flies Army aircraft. My brother retired from Army Special Forces as a Green Beret. I'm also a Life Member of the NRA. My family has carried firearms professionally in service to this country. That's the credential here.

Before Bruen, lower courts evaluated gun restrictions through a two-step interest-balancing test. At step two, courts routinely deferred to the government's stated public safety interest, and most restrictions survived. Bruen eliminated that deference. Justice Thomas's 6-3 majority required governments to identify historical analogues to........

© Townhall