The analysis the First District Court of Appeal did in finding open carry unconstitutional here in Florida actually provides a very reasoned way into healing the force of the US Constitution per the analysis it relied heavily on in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).

For example:

Under Bruen’s historical test, the government must prove that

the challenged “regulation is part of the historical tradition that

delimits the outer bounds of the right to keep and bear arms.” Id.

at 19. That requires identifying a “well-established and

representative historical analogue” from either the Founding or

Reconstruction era that is relevantly similar in both how and why

it burdens the Second Amendment right. Id. at 29, 30 (emphasis

omitted). While a historical law need not be a “historical twin,” it

must impose a “comparable burden” and be “comparably justified,”

to serve as a historical analogue. Id. at 30.

This test could be readily applied to the other amendments reifying their original purposes. I'm actually bullish on this as a lawyerly nerd.

Reply to this note

Please Login to reply.

Discussion

No replies yet.