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Reason
Reason
Politics
Josh Blackman

BIZARRE: The limits of bruen - What They Never Told You

Bruen was a resounding triumph for originalism. But unlike Dobbs, Bruen will not lead to sweeping changes in gun laws nationwide. For starters, more than 40 states already employed some form of shall-issue carry. Depending on how you count, only 6 or 7 states will have to modify their regimes in the wake of Bruen. Much of the sturm und drang about Bruen is hyperbole.

And, no doubt, these states will try to push the boundaries of Bruen. Eugene already blogged about one such attempt from the California Attorney General. Here, I would like to flag the limits that Bruen identifies, as well as those recognized in the concurring opinions.

First, Footnote 9 of Justice Thomas's opinion blesses the 43-odd states that employ a "shall-issue regime."

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