The New Gun Law Analyzed under Bruen

Is the new federal gun law in conflict with the latest Supreme Court decision on gun rights? On June 23rd, 2022 the Supreme Court decided the landmark gun rights case New York State Rifle and Pistol Association Inc. v. Bruen expanding gun rights. Two days later, Congress passed the first federal gun law in over a decade, the Bipartisan Safer Communities Act. So how does the Second Amendment, as interpreted by Bruen, square with the new federal gun law? We asked Second Amendment scholar Prof. Joseph Blocher to provide his analysis. According to Prof. Blocher, the new federal gun law broadly provides support to states rather than regulating gun ownership. However, given the new ‘historical principle” test for the Second Amendment, how will courts interpret the provisions that relate to strengthening state red flag laws. According to Prof. Blocher, the interpretation of red flag laws would likely be upheld under the new historical tradition test and he cites a prior opinion by now Justice Amy Coney Barrett for support. Joseph Blocher is a leading Second Amendment scholar and a professor of law at Duke Law School where he serves as co-director of the Center for Firearms Law. ► For more legal explainers and interviews with the titans of law, visit: http://www.talksonlaw.com ____________________ 0:00 Does the Bipartisan Safer Communities Act conflict with NYSRPA v. Bruen 0:55 What does the the Bipartisan Safer Communities Act do? 1:40 Red flag provisions under the new law 2:17 Red flag laws analyzed under Bruen's "historical tradition" test 3:05 Justice Barrett on extreme risk laws