In the ongoing battle for Second Amendment sanctity, a powerhouse amicus brief filed in *U.S. v. Hemani* is throwing down the gauntlet against lower courts’ creative contortions in hunting for historical analogues. Authored by renowned Second Amendment litigator Daniel Schmutter on behalf of the Association of New Jersey Rifle & Pistol Clubs and Gun Owners Action League, the brief—dissected in a recent chat with Cam Edwards—zeroes in on the judiciary’s troubling habit of cherry-picking vague colonial-era laws to greenlight modern gun restrictions. Think about it: post-*Bruen*, courts are supposed to demand regulations rooted in the nation’s historical tradition of firearm regulation, not some judge’s fever dream of sensitive places or assault weapon bans stretched to fit 1791 molds. Schmutter’s filing calls this out as intellectual dishonesty, arguing that true analogues must mirror the how and why of today’s laws, not just superficial similarities like public safety buzzwords.
This isn’t just legalese wonkery; it’s a clarion call for the 2A community to rally. Lower courts, from New Jersey to California, have been twisting *Bruen*’s mandate into pretzels—equating AR-15 magazines to 18th-century musket restrictions or red-flag laws to old-timey surety statutes that barely resemble due process. Schmutter’s brief exposes how this mindset undermines the Supreme Court’s clear directive, potentially dooming challenges to carry bans, standard-capacity mag limits, and more unless higher courts intervene. For gun owners, the implications are stark: win here, and we reclaim analytical rigor, forcing regulators to justify infringements with real history, not revisionism. Lose the thread, and *Bruen* becomes a paper tiger.
As *Hemani* climbs the appellate ladder, it’s a litmus test for whether the judiciary will honor the Founders’ intent or bend to anti-gun activism. 2A advocates should track this closely—file it under must-watch alongside *Rahimi* and *Rahimi* remands—and amplify voices like Schmutter’s. If you’re in the fight, support orgs like ANJRPC and GOAL; their brief isn’t just argument, it’s ammunition for the long haul toward unassailable rights. Stay vigilant—the Second Amendment hangs in the balance.
