Professor Jacob Charles Discusses "The Bruen Decision - A Game Changer for Gun Rights" -- Talks on Law
Professor Jacob D. Charles discusses the US Supreme Court decision in New York State Rifle and Pistol Association vs. Bruen on Talks on Law. The episode, titled "The Bruen Decision - A Game Changer," considers the impact of the mandate for lower courts to adopt a new test for Second Amendment cases.
From "The Bruen Decision - A Game Changer"
Constitutional scholar and Second Amendment expert, Prof. Jake Charles talks to Joel about the landmark gun law case, New York State Rifle and Pistol Association vs. Bruen, the Court's most important gun law case in over a decade. The conversation starts with an overview of the case, where Bruen, the superintendent of the State Police of New York, faced a lawsuit arguing that New York's law requiring a “proper cause” for a concealed carry handgun permit was unconstitutional.
The conversation delves into the licensing regimes within the U.S. – the "no issue," "may issue," "shall issue," and "permitless" carry laws. The historical shift from majority "no issue" states to prevalent "permitless" carry laws is also discussed. Professor Charles highlights how the ruling in Bruen extends the right to carry a gun outside the home for self-defense and declared New York's discretionary permit issuance unconstitutional. However, according to Charles, the most significant and enduring impact of Bruen lies in its mandate for lower courts to adopt a new test for Second Amendment cases. This test shifts away from contemporary considerations, such as public safety, and leans more heavily on historical traditions of firearms regulation.
The conversation concludes with a look at Bruen's legacy, both within and beyond the courts. Bruen has proven influential in state legislatures, with different interpretations spurring legislative changes in surprisingly opposite directions.
Professor Jacob Charles is a constitutional law scholar and a Second Amendment expert. He teaches at Pepperdine Caruso School of Law.
The program may be found at Talks on Law