Mark Smith, a constitutional attorney, explains the legal framework for Second Amendment cases post-Bruen. He emphasizes that Bruen reaffirmed Heller's 'in common use' test for arms bans, rejecting lower courts' attempts to create new tests based on perceived societal changes. Smith clarifies that magazine bans are effectively firearm bans and that historical analogies must align with the 'how and why' of the regulation, distinguishing fire prevention from gun control.
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