Mediaboss Marketing

Payne agreed and struck down the law, noting that there was no evidence of a historical tradition of such a ban. He also rejected the federal governments counterargument that the people to which the Second Amendment refers did not apply to 18-to-20-year-olds in 1791 and thus could not apply to the plaintiffs today for gun restrictions. He noted in rebuttal that the people of that era bore only a partial resemblance to the American citizenry of today.

This is neither the time nor the place to thoroughly define and discuss each contour of the people at the time of the Founding, Payne explained in a footnote. But it appears that, at the minimum, all those of African descendent [sic] (many of whom were still enslaved), Native Americans, and likely many white married women would not be included. Though this is doubtlessly not the governments intent, this is the logical end of the governments argument, and it is a view to which the court simply cannot subscribe.

In U.S. v. James Gould, the West Virginia case, that analysis came out a little differently. A federal grand jury indicted the defendant with unlawful possession of a firearm in May 2022. As a result of his mental illness, he had been involuntarily committed on four different occasions and had also been the subject of multiple emergency protective orders over the years for domestic violencerelated allegations, which disqualified him for gun ownership under federal law. He then challenged the constitutionality of his arrest after the Bruen ruling came down, arguing that it now violated the Second Amendment.

View original post here:
Who Gets to Own a Gun in America? - The New Republic