The U.S. Supreme Court in New York State Rifle & Pistol Asssoc. v. Bruen instructed lower courts how to decide right to arms issues: "In keeping with Heller, we hold that when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct." If so, "the government must demonstrate that the regulation is consistent with this Nation's historical tradition of firearm regulation." This Post describes how some lower courts are evading Bruen by contrivances that claim particular regulations do not involve "the Second Amendment's plain text."
This Post proceeds as follows:
1. A short overview of how a preliminary step in most constitutional adjudication necessarily involves a look at the plain text of the clause in question.
