SCOTUS: ALL Gun Laws Presumed Unconstitutional & Burden of Proof is on Gov't
This video features Professor Mark Smith discussing the implications of the NYSRPA v. Bruen Supreme Court decision on Second Amendment challenges to modern gun control laws. Smith explains how the Bruen decision, building upon Heller, establishes an originalist methodology for Second Amendment analysis, shifting the burden of proof to the government. He argues that under this framework, many gun laws are presumed unconstitutional unless the government can demonstrate a longstanding historical tradition of similar regulation. The presentation covers the process of applying this methodology and the role of history and tradition in legal challenges.










