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Constitutional Law

Nov. 21, 2024

Gun legislation: Key changes after Bruen and Rahimi rulings

The Bruen and Rahimi decisions have reshaped Second Amendment jurisprudence, clarifying the scope of permissible gun legislation, with a particular focus on the future of California's "red flag" law and its likely survival under the Court's framework

Philip M. Howe

Howe is a member of the California and Massachusetts State Bars, having last practiced in California in 2019.

Shutterstock

In its 2022 Bruen and 2024 Rahimi decisions, the U.S. Supreme Court has restricted and clarified the gun legislation which it will support. It has not prohibited gun legislation and, indeed, has encouraged it with some very clear qualifications. This article will examine the guidance we have from those decisions, review the California "red flag" law, CA Penal Code Section 18175, and assess its likely survival after Rahimi.

Bru...

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