Thanks to the Supreme Court’s game-changing Second Amendment ruling from last summer, NYSRPA v. Bruen, gun laws of every type seem up for grabs. In addition to expanding Second Amendment rights to public spaces, Bruen also recast the basis for determining the constitutionality of current gun laws by asking whether they are “consistent with this Nation's historical tradition of firearm regulation.” Old gun laws need not be “dead ringers” for current laws, but they should be similar or “analogous,” said Justice Clarence Thomas in his majority opinion. Leaving aside the wisdom of this history-based standard, it is one that is not applied to other constitutional rights. As Pepperdine law p
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