Marcus is right (and righteous) on guns

 

Washington Post's Ruth Marcus hits hard in this one:

On guns, originalism is insanity

"The aftershocks of Bruen are just beginning to work their way through the lower courts; Counts’s ruling might not stand. Even under the high court’s grudging approach to gun regulation, it is possible to uphold this restriction. The court in Bruen emphasized that the Second Amendment protects the right of “ordinary, law-abiding, adult citizens” to carry guns outside the home. Someone arrested for assaulting an intimate partner and subjected to a protective order issued by a judge is neither ordinary — let’s hope — nor law-abiding. And, as the Justice Department argued in the Perez-Gallan case, the Second Amendment was “adopted against a historical backdrop that allowed disarming dangerous persons.”

But the evidence of fallout from Bruen is alarming. Last month, a federal judge in New York invalidated a state gun law passed in the aftermath of Bruen that restricted guns at summer camps, among other places; he reasoned that there weren’t such camps in Colonial times. In September, Counts struck down a federal law that prohibited those indicted on felony charges, but not yet convicted, from possessing guns. “There are no illusions about this case’s real-world consequences — certainly valid public policy and safety concerns exist,” he acknowledged. “Yet Bruen framed those concerns solely as a historical analysis. This Court follows that framework.”

Yes, that's insane. Disturbing and awful, too.