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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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Old 07-08-2019, 11:08 PM
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TrappedinCalifornia TrappedinCalifornia is offline
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Default Post-Heller Second Amendment Jurisprudence - CRS Report Updated 25 March 2019

If this is posted elsewhere, my apologies. I thought this might make an interesting read for members, particularly those concerned over the levels of scrutiny which have been used in deciding 2nd Amendment cases.

Post-Heller Second Amendment Jurisprudence... Updated March 25, 2019

Put out by the Congressional Research Service, the derived premise appears to be...

Quote:
...Because Heller neither purported to define the full scope of the Second Amendment, nor suggested a standard of review for evaluating Second Amendment claims, the lower federal courts have been tasked with doing so in the Second Amendment challenges brought before them. These challenges include allegations that provisions of the Gun Control Act of 1968, as amended, as well as various state and local firearm laws (e.g., “assault weapon” bans, concealed carry regulations, firearm licensing schemes) are unconstitutional. The analyses in these cases may provide useful guideposts for Congress should it seek to enact further firearm regulations...

In early 2019, the Supreme Court granted certiorari in New York State Rifle & Pistol Association, Inc. v. City of New York. The Court is set to review a portion of New York City’s firearm licensing scheme that the U.S. Court of Appeals for the Second Circuit upheld as valid. In doing so, the Court may clarify the scope of the right protected in the Second Amendment. Importantly, to make this substantive ruling, the Court likely will have to answer a question that it has eluded since Heller: Under what framework should Second Amendment challenges be evaluated?
In other words, this isn't about New York State Rifle & Pistol Association, Inc. v. City of New York. This is a 47-page overview of 2nd Amendment decisions made Post-Heller by a legislative attorney for the Congressional Research Service.
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