“Everybody in the gun lobby thinks now is their time, and they want to get these cases before the courts.” Trump “greatly expanded the number of judges who have really bought into the notion of an expansive Second Amendment,” Donohue said. Trump installed three new conservative Supreme Court justices and more than one-quarter of active appellate court judges.
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John Donohue, an economist and law professor at Stanford University, said another factor is that gun rights proponents believe they will be more successful in winning favorable court rulings after the ideological makeup of the federal judiciary shifted to the right during former President Donald Trump’s term in office. Here’s what that case is about, and how a ruling could reverberate across the country. Bruen sets the stage for a major shift in gun laws. New York State Rifle & Pistol Association v. “There’s an enormous amount of uncertainty about what exactly the limits of the Second Amendment are, and that sort of uncertainty generates litigation,” said Timothy Lytton, a professor at Georgia State College of Law and editor of the book Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts. The ruling struck down a Washington, D.C., ban on handgun ownership, but it left the constitutionality of other gun restrictions up in the air, and over the last decade, justices have refrained from issuing any other major rulings to further define the extent of people’s gun rights.
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Heller established the right to own a firearm for self-defense.
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The number of legal challenges to gun restrictions has been building since 2008, when the Supreme Court’s landmark decision in District of Columbia v. These cases touch on a gamut of Second Amendment issues, from bans on large-capacity magazines to age restrictions on handgun buyers. But there are a number of smaller-profile lawsuits making their way up the legal ladder that could herald major shifts in U.S. Any gun case that reaches the nation’s highest court is bound to drum up widespread attention.