Since Bruen, lower court judges applying its test have been, to use a legal term of art, all over the place, a fact repeatedly highlighted during oral arguments by Justice Ketanji Brown Jackson, who sought some, any, guidance on how the court should understand its own ruling. Again, lower courts are equally confused. One court, for example, decided that Florida’s ban on the sale of guns to 18-to-20-year-olds passed constitutional muster; another concluded that a federal law disarming people convicted of certain crimes perhaps did not.
A few judges have publicly aired their frustrations with the sudden analytical primacy of law-office history. “We are not experts in what white, wealthy, and male property owners thought about firearms regulation in 1791,” wrote one in 2022. “Yet we are now expected to play historian in the name of constitutional adjudication.” Another castigated the court for creating a game of “historical Where’s Waldo” that entails “mountains of work for district courts that must now deal with Bruen-related arguments in nearly every criminal case in which a firearm is found.”
Just goes to show how shitty, stupid, and partisan this Trump Supreme Court is.
Gatling gun wasn’t a good example, but to rectify that mistake here is an actual machine gun from earlier:
How long did it take to load? How portable was it? How easy was it to set it up and mow down a bunch of unsuspecting civilians before anyone had a chance to respond?
The Chambers Flintlock Pattern Gun is also not equivalent to a modern machine gun. Modern machine guns are recoil driven meaning they use the recoil from the last shot to fire the next. Pattern guns chain charges with a projectile between each charge. Once you start firing a pattern gun it doesn’t stop until there is no more ammunition. This was a ship mounted gun that couldn’t be reloaded quickly enough to be used more than once per battle. There were pistol and musket versions created but their capacity scaled down with their size. The ship mounted version is the only one that saw wide manufacturing and use because the single burst slow reloading gun was less effective than the faster reloading more accurate muzzleloader musket.