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The Supreme Court's Second Amendment Mess

Strict Scrutiny

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Federal Government's Theory on the Second Amendment and Disarming Dangerous Individuals

The federal government's theory limits the application of the Bruin test. Court decisions state that the Second Amendment applies to law-abiding responsible citizens. Regulations can disarm those who are not law-abiding or responsible. The government argues that analogies are not necessary if a law falls within a safe harbor in Bruin, such as being a non-law-abiding responsible citizen. Additionally, specific analogies are not required, only adherence to general principles, like disarming dangerous individuals.

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