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Slate: Kavanaugh Opens Door to Gun Control

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Kavanaugh’s concurrence in the recent gun case is being spun by Slate as some kind of Trojan horse for future restrictions, but the actual text shows the opposite: a careful, originalist roadmap that keeps the Second Amendment’s core intact while demanding historical evidence for any new regulation. The justice explicitly reaffirmed that the right to keep and bear arms is not a “second-class right,” and he flagged the kinds of sensitive-place and commercial-sale rules that have long existed without touching the individual right itself. What Slate calls an “opening” is really just the Court refusing to treat every gun law as automatically suspect; it still requires the government to prove its restrictions are consistent with the nation’s historical tradition, a standard that has already struck down several modern carry bans and magazine restrictions in lower courts.

For the 2A community the real takeaway is strategic clarity rather than panic. The opinion signals that challenges to red-flag laws, assault-weapon bans, and permitting schemes will now be judged on Founding-era analogues rather than on interest-balancing tests that always favored the state. That shift rewards groups that invest in rigorous historical research and precise litigation instead of broad facial attacks. It also puts state legislatures on notice that symbolic gun-control measures passed in the heat of the moment are likely to be picked apart once they reach federal court.

The larger implication is that the post-Bruen landscape rewards precision over panic. Gun owners and industry groups should treat every new restriction as an invitation to demand the historical receipts, not as proof that the sky is falling. Kavanaugh’s opinion simply makes that demand harder for anti-gun advocates to dodge.

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