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Bruen two-step framework

Definition

The test established in NYSRPA v. Bruen for evaluating gun regulations. Step one asks whether the law regulates conduct covered by the Second Amendment's text (arms-bearing conduct). Step two requires the government to show the regulation is consistent with the nation's historical tradition of firearms regulation.

Examples

  • All parties debated whether Hawaii's consent-flipping law even reaches step two or fails at step one because it regulates property consent rather than arms-bearing

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