Implementing Bruen


This past June, the Supreme Court held that the Second Amendment protects the right to carry firearms in public, striking down a New York statute that left that right at the mercy of government bureaucrats. The decision was obviously important, but its practical significance will depend on what restrictions governments are permitted to place on the exercise of the right. The Court issued new guidance on this question, which unfortunately will be extremely difficult for lower courts to apply in a principled manner. We offer a more workable approach.