Calce v. City of New York Puts ‘Common Use’ Burden at Center of Second Amendment Fight

Summary

The Second Circuit's oral argument in Calce v. City of New York, challenging New York City's ban on stun guns and tasers, focused on the "common use" burden of proof. The court appeared to rely on its 2025 decision in United States v. Gomez, suggesting plaintiffs bear the burden of proving common use at Bruen Step 1, rather than the city justifying the ban with historical tradition. This approach, criticized by Second Amendment Foundation, Firearms Policy Coalition, and NRA-ILA, could allow the ban to remain in effect based on a lack of evidentiary record.