Gonna be a disappointment for Cornyn.
If you haven’t read my TZP Column on NYSRPA v. Bruen, go read it. And think through all the implications. They’re still percolating up through my mind.
One that hit me a few minutes ago is based on this
Moreover, the Second Amendment guarantees an “individual right to possess and carry weapons in case of confrontation,” and confrontation can surely take place outside the home.
this
Thomas also hammered home that all enumerated individual rights are individual, are fundamental constitutional rights not subject to scrutiny, and that yes states have to abide by this, too.
and this
In the mid-19th century, many jurisdictions began adopting surety statutes that required certain individuals to post bond before carrying weapons in public.
[…]
the surety statutes presumed that individuals had a right to public carry that could be burdened only if another could make out a specific showing of “reasonable cause to fear an injury, or breach of the peace.”
A specific showing of “reasonable cause to fear an injury, or breach of the peace.” Doesn’t that sound remarkably like a red flag law accusation? And yet, having and carrying that gun is still a fundamental right. The government couldn’t take it from the “accused” (of a possible future action). Elsewhere, Thomas also addressed the fact merely having a gun is not threatening.
All they could do — constitutionally — was make that one accused person post a bond — have insurance — to keep and carry the gun.
Due process issues aside — big as they are — red flag laws disarming someone who hasn’t yet committed a crime are still unconstitutional.
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