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2nd Amendment Fix. "Historical Analogue" This. [1]
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Date: 2023-12-22
Paul Waldman of the Washington post puts it like this:
Last year, the Supreme Court handed down its ruling in New York State Rifle & Pistol Association v. Bruen, in which Justice Clarence Thomas declared that for any contemporary gun regulation to be constitutional, the government would have to identify a “historical analogue” to it from the nation’s founding. The result has been a transformation in U.S. gun laws that is producing far more chaos than expected, and leading to outcomes far more divorced from the public will than anyone predicted.
Now all the courts are trying to figure out what the hell a “historical analogue” in firearms regulation means as legislatures try to re-write gun regulation laws to curb the record numbers of mass shootings in our nation.
This is a no-brainer for me. If we have to pretend to create gun regulations that would have had historical analogues to the late 1700’s why not just make a federal law that outlaws all firearms except muzzle loading, black-powder, flintlocks? I mean that’s kinda the definition of “historical analogue” in this case right?
Of course it won’t happen, but if it did, the gun-nuts and insurrectionist, wanna-be, post apocalyptic inquisitors would have to make the case that modern weapons should be allowed because, you know, the Constitution is a “living document” and has to be adapted to the modern world. Then we would say, “Ya which is why gun regulation on modern weapons should be perfectly legal.”
Then their heads would explode and we would win.
By the way, modern flintlocks are an actual thing, here is one for sale from a place that makes them:
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