Wolford v. Lopez · ¶3
In Bruen, the Court fleshed out the process of historical analysis required in a Second Amendment case, holding that the analysis involves two steps. First, a court must determine whether the challenged law falls within the plain text of the Amendment’s language by asking whether the law applies to “the people” (i.e., all members of the political community) and restricts the “keep[ing]” (i.e., possession) or “bear[ing]” (i.e., carrying) of “Arms” (i.e., weapons customarily used for offensive or defensive purposes). If a challenged law falls within the plain text, it is presumptively unconstitutional—which means that it may violate the preexisting right that the Amendment codified. But the government may show that its challenged law did not infringe the historical understanding of the codified right. While a variety of sources may aid this inquiry, the best evidence is often what Bruen…Read in context ›
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