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First step: Does the law/regulation even affect the exercise of the 2A significantly (*)? If no, then all 2A arguments (including Bruen, MacDonald, Heller, Miller and Dred Scott) are irrelevant. If yes, then we need to know how to evaluate 2A infringement, and today we need to follow Bruen (as refined by Rahimi and backed up by Heller/MacDonald). The issue with AB 1263 and friends is that they fail the first test already: It continues to be relatively easy and relatively inexpensive to obtain gun parts..
I think your argument depends on what "significant" means.
Under Bruen the test is not just "is it still possible." The court looks at history and also at real world burden.
So.. what is your actual standard??
Right now a lot of companies are just not shipping to CA at all. People are having to hunt around go through FFLs or just give up on certain parts. That is already happening in this thread and others. At what point does that become a burden?
If the answer is “as long as it is possible somewhere” then almost any restriction would pass. That does not seem consistent with Bruen.
There is no "soft on crime" policy in the first place. There was a voter referendum that changed some felony's to misdemeanors but then another one that reversed it. None of that even has to do with the governor or the legislature which have both passed more "tough on crime" bills in the last few years. I think it would be helpful to identify specific policies in order to seek actual solutions, you and many other are operating on "feels" rather than concrete issues. I have endless criticism for the governor and legislature but I firmly believe you have to criticize real things to make progress and not just repeat internet propaganda.
I’m not saying it’s all "soft on crime" or one policy caused everything.
I’m saying policy still matters. If enforcement is inconsistent or penalties are lower, people are more likely to do it again. That’s just basic cause and effect esp for theft.
You can see it in real life. Stores locking everything up, closing locations (In N Out leaving Oakland could have been preventable) changing how they operate.
I mean what do you think is causing that??
Since there is a fairly easy path to compliance it's a hard argument to make...
I think this is where we’re talking past each other.
Are you saying "as long as you can still get it somehow, it’s fine"? Or are you actually applying Bruen? Because Bruen isn’t about whether there’s some technical path to comply. It’s about whether there’s a historical tradition for that kind of rule and what it actually looks like in the real world.
And right now in the real world, companies are just not shipping to CA. That’s not theoretical. That’s happening.
So yeah maybe there’s a compliance path on paper. But if people can’t actually access stuff in practice that matters. Otherwise the standard just becomes "as long as it’s not impossible, it’s fine." That doesn’t really sound like Bruen.


