If we are to look at historical tradition, banning concealed and open carry would be okay, registration would be fine, regular inspection would be fair game, and requiring an oath to the government would be fine since all of those were common when the 2nd Amendment was passed. However, I don’t expect the current Supreme Court to consider that aspect though since they clearly cherry picked tradition on abortion rights and referenced a Witch Trial juror to back up their view instead of someone more relevant like Ben Franklin who wrote about common abortifacients and how to use them.
If we are to look at historical tradition, banning concealed and open carry would be okay, registration would be fine, regular inspection would be fair game, and requiring an oath to the government would be fine since all of those were common when the 2nd Amendment was passed. However, I don’t expect the current Supreme Court to consider that aspect though since they clearly cherry picked tradition on abortion rights and referenced a Witch Trial juror to back up their view instead of someone more relevant like Ben Franklin who wrote about common abortifacients and how to use them.
Yeah the tradition scrutiny is concerning but there’s not much to do about it.
It seems that strict scrutiny would still have been serviceable.