Supreme Court’s Bruen decision on guns sparks Senate action

Members of the Senate are focusing on gun rights in the wake of the Supreme Court’s Bruen decision in 2022. But Republicans and Democrats are taking very different approaches. 

New York State Rifle & Pistol Association v. Bruen

Bruen overturned a New York state law that required unrestricted concealed carry license applicants show a need for self defense. The Justices ruled 6-3 that the law is unconstitutional.  Justice Clarence Thomas wrote it violated the Second Amendment by prohibiting citizens from exercising their right to bear arms in public for self defense.

Democrats sound the alarm

Under the leadership of Democrats, the Senate Judiciary Committee held a hearing in which it expressed concern about the new test the Bruen decision established to determine if a gun law is constitutional.

“Under the new Bruen historical test, judges decide not whether a law reasonably protects public safety but whether the law resembles laws that were in place in 1791 or in 1868. In the beginning in 1791 of course, we were talking about muzzle loading muskets,” Sen. Dick Durbin, D-Ill., said at the hearing.

Durbin said courts have already used that new test to loosen gun restrictions. That includes United States v. Rahimi, in which the 5th Circuit determined a federal law that prohibits people with domestic violence restraining orders from owning a firearm is unconstitutional. However, the ruling only applies within the 5th circuit and does not impact any state laws.

Republicans move to codify

Republicans introduced the Respect for the Second Amendment Act which would codify the Bruen decision into federal law. It would also allow both private individuals and public entities to sue if they believe a law violates Bruen.

“There’s nothing in the Second Amendment about you can own a gun in your home and nowhere else. So the New York law made it impossible to own a weapon to defend yourself outside your home,” Sen. Lindsey Graham, R-S.C., said when introducing the bill.

The bill is co-sponsored by every Republican on the Judiciary Committee. They contend it will prevent a future Supreme Court from reversing the decision. But because the Senate is controlled by Democrats, the bill does not have a chance at being approved.