The Supreme Court's decision invalidating New York's law giving discretion to officials to deny licenses to carry handguns for insufficient "need" held that "when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct." A restriction may be found valid only if the government demonstrates that it "is consistent with this Nation's historical tradition of firearm regulation." New York State Rifle & Pistol Association, Inc. v. Bruen (2022).
Fortunately, the plain text analysis is not difficult because the Supreme Court has already defined the key terms of the guarantee that "the right of the people to keep and bear arms, shall not be infringed." Here are some of those definitions:
- "The people" facially means "all Americans." District of Columbia v. Heller (2008).
- "Arms" facially means "all instruments that constitute bearable arms."
- "Keep Arms" facially means "have weapons." Heller.
- "Shall not be infringed" facially means that the right conferred by the Second Amendment is an "unqualified command." Bruen.
