Whether its purpose is to shine a light on the untenability of the Supreme Court’s Bruen decision or it’s just another example of district court judges trying their best to apply the Supreme Court’s rejection of the means-end test when it comes to Second Amendment gun cases, Judge Joseph Goodwin was left in the odd position of having to address whether 18 U.S.C. § 922(k) is constitutional. As Mark Joseph Stern points out at Slate, this has become something of a cottage industry for district judges.
Thomas’ test has already wreaked havoc in the lower courts. One judge has struck down a Texas law that prohibits 18 to 20-year-olds from carrying a handgun outside the home. People under 21 are significantly more likely to commit gun homicides—but in Bruen, Thomas announced that courts may never consider the real-world, life-saving impact of gun safety laws when gauging their constitutionality. A different Texas judge invalidated a federal law barring individuals from purchasing a handgun while they’re under indictment, even for a violent felony offense. Just last week, another judge struck down New York’s ban on concealed carry in airports, train stations, domestic violence shelters, summer camps, the subway, and other “sensitive locations.” Now Goodwin, who sits in West Virginia, has joined the chorus of lower court judges who feel that Bruen obliges them to strike down longstanding, widely accepted firearm laws.
