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Historical Tradition Test (Bruen Test)
Definition
The legal standard established in New York State Rifle & Pistol Association v. Bruen (2022) requiring the government to show that a modern firearms regulation is consistent with the historical tradition of gun regulation in America at the time of the founding. Courts may not simply balance public safety interests against gun rights; they must find historical analogues.
Examples
- •The Fifth Circuit applied the Bruen test and found the government failed to produce sufficient founding-era analogues for permanently disarming marijuana users.