This evening, President Speed, Surprise and Violence of Action will announce his nomination to the U.S. Supreme Court. Mr. Trump’s nominee will be gun rights guy or gal. If we’re lucky, it might even be a judge who reckons the “shall not be infringed” part of the Second Amendment means “shall not be infringed.” We shall see. What we won’t see for a while: which Second Amendment case or cases the newly-constituted Supreme Court will hear.
There are three main areas of firearms law the Court may choose to address: the right to bear arms outside the home (e.g., New Jersey’s prohibitive “shall issue” permitting system), the right to keep and bear certain items (e.g., “assault rifles” and “high-capacity magazines”) and a state’s ability to regulate firearms generally (e.g., California’s handgun roster). Which right would you like the Court to tackle first?