Quote:
Originally Posted by rplaw
The lower courts will develop a different 2 step. One which involves a question of "core or not core?" and every regulation will be determined to be "not core" thereby giving the lower courts free rein to go back to their interest balancing methodology. For ex:
|
And they would be violating the explicit instructions of the Supreme Court in doing so. That's because the Court explicitly said that this is the first test:
Quote:
|
Originally Posted by NYSRPA v Bruen
When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.
|
There's no "core" versus "non-core" distinction to be found there.
The second test is, of course, the "historical tradition of firearm regulation" consistency test.
Quote:
|
Watch and see if I'm wrong.
|
I won't be surprised if they try something like that, but again, they'd be explicitly violating the Court's explicit directions here.
However, I
do agree that we're going to see the lower courts suddenly find that all manner of regulated activity is suddenly
not covered by the 2nd Amendment's plain text. Lord knows what sort of gyrations they'll go to in order to arrive at
that conclusion, but I have great faith in their abilities.
