Bruen: The Court's Announcement of the Historical Analogy Test and the Aftermath Thereof

The United States Supreme Court’s history of analyzing firearms restrictions has seemingly always led to ambiguities and confusion in lower courts. This was especially true after 2008, when the Court decided District of Columbia v. Heller, 554 U.S. 570 (2008). In the years following Heller, lower courts across the country applied different standards to determine the constitutionality of firearms restrictions. The Court granted certiorari in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) to establish the proper test for determining whether a firearm regulation is constitutional. This test is based on U.S. history and tradition rather than varying levels of judicial scrutiny. In the years following Bruen, courts across the country appear to be complying with the rule announced. The rule is not a “regulatory straightjacket,” and jurisdictions are still able to pass a multitude of firearms regulations under the Bruen rule.