In 2022, the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen invalidated New York's concealed carry law and established a specific two-step analysis for evaluating Second Amendment claims. The first step asks whether the challenged regulation burdens conduct covered by the amendment's plain text; the second asks whether the government can show a historical analogue for the restriction.
According to a SCOTUSblog analysis, courts are still getting that framework wrong. The piece argues that judges are misapplying the two-step test in ways that distort the Supreme Court's intended approach, though the excerpt does not detail specific errors.
The source offers one perspective rather than a debate, so there is no disagreement to weigh. The central claim is that the confusion is persistent and ongoing, more than three years after the ruling was handed down.