Implementing Bruen

Essay on Law & Liberty, February 6, 2023

George Mason Legal Studies Research Paper No. LS 23-06

8 Pages Posted: 21 Jun 2023

See all articles by Randy E. Barnett

Randy E. Barnett

Georgetown University Law Center

Nelson Lund

George Mason University - Antonin Scalia Law School

Date Written: June 20, 2023

Abstract

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.

Keywords: second amendment, 2nd amendment, firearms, right to bear arms, New York State Rifle & Pistol Association v. Bruen

JEL Classification: K1, K10, K3, K19, K30

Suggested Citation

Barnett, Randy E. and Lund, Nelson Robert, Implementing Bruen (June 20, 2023). Essay on Law & Liberty, February 6, 2023, George Mason Legal Studies Research Paper No. LS 23-06, Available at SSRN: https://ssrn.com/abstract=4486447 or http://dx.doi.org/10.2139/ssrn.4486447

Randy E. Barnett

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9936 (Phone)

HOME PAGE: http://www.randybarnett.com

Nelson Robert Lund (Contact Author)

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8045 (Phone)

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