Historical Analogue

Definition

Under the Bruen test, a founding-era law that is 'relevantly similar' to a modern gun regulation in its burden on the right to bear arms and its underlying justification. The government must produce such analogues to defend modern firearms restrictions.

Examples

• •The government argues that colonial-era laws disarming 'dangerous' or 'unvirtuous' persons serve as sufficient historical analogues for the drug-user prohibition.

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