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February 7, 2024

"One Year Post-Bruen: An Empirical Assessment"

The title of this post is the title of this new article authored by Eric Ruben, Rosanna Smart and Ali Rowhani-Rahbar just published in the Virginia Law Review Online. Here is its abstract:

In the year after New York State Rifle & Pistol Association v. Bruen, a steady stream of highly publicized opinions struck down a wide range of previously upheld gun restrictions.  Courts declared unconstitutional policies ranging from assault weapon bans to domestic abuser prohibitions to various limits on publicly carrying handguns.  Those opinions can frequently be paired with others reaching the opposite conclusion.  The extent to which Bruen shook up the Second Amendment landscape and has caused widespread confusion in the courts is starting to come into focus.

This Essay measures Bruen’s aftereffects by statistically analyzing a year’s worth of Second Amendment opinions.  We coded more than 450 challenges for dozens of variables including both case and judge characteristics, resulting in a comprehensive post-Bruen Second Amendment dataset.  The findings of our analysis provide an objective basis for assessing the upheaval wrought by Bruen and highlight both unanswered questions and immense challenges for Second Amendment doctrine in the coming years.

February 7, 2024 at 11:57 PM | Permalink

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