Guns in America
B.L.U.F.
A look at the research into the number of guns in America and who owns them. Why the state so desperately wants to shutdown real research into gun ownership and use.
(2800 words)
In 2008, the Supreme Court established the Heller methodology for handling Second Amendment challenges.
The methodology is: Does the proposed conduct implicate the Second Amendment? If so, the burden shifts to the government to establish a history and tradition of analogous arms regulations.
The rogue inferior courts immediately took this to heart. They found that almost all modern-day arms infringements were presumptively unconstitutional. They did this by assuming, without finding. That is to say, the did a “for the sake of argument, we will assume the infringement is unconstitutional”
Once they had made that decision, they then went to a second step, was the government need/want of more importance than the right of the individuals. In other words, was the rape hard enough to be important?
This called “means-end” balancing. The courts would first decide on the level of scrutiny, then they would determine if the state met the level of scrutiny they were using. This meant, that in the rogue courts, The People always lost.
The Heller Court also did a complete analysis of the history and tradition of gun bans in the founding era. They found that there were no analogous regulations. Since the Heller question was regarding a gun ban, that is what they looked at.
They found that there were NO analogous regulations from the founding era. Since there were no such regulations, the modern infringement was unconstitutional.
They expressed this by saying that an arm in common use for lawful purposes could not be banned.
The Supreme Court needed no outside experts, nor did they need briefings on “in common use for lawful purposes.” They used Judicial Notice.