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Constitutional Law

Jul. 7, 2025

2nd Amendment weirdos - Part II: Bruen

Supreme Court rulings in Heller and Bruen have created a shaky legal foundation for interpreting the Second Amendment, leaving lower courts to navigate inconsistent and often confusing historical analogies without clear guidance.

Myron Moskovitz

Legal Director
Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

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2nd Amendment weirdos - Part II: <i>Bruen</i>
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My last column began with a metaphor: how well a house functions depends on the strength of the foundation. If the bottom is weak, the top (windows, pipes, chimneys, etc.,) might wobble or topple. Strange sounds might emerge.

It's the same with law. A poorly-reasoned Supreme Court case can spawn lower court progeny that...

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