From yesterday’s Seventh Circuit decision Miller v.Smithjudges Joel Flaum, Ilana Rovner and Michael Brennan:
Appellants Darin and Jennifer Miller are both licensed foster home caregivers, and Jennifer Miller is licensed to operate a family day care. Illinois laws and regulations restrict how the Millers can possess and store firearms and ammunition in their home. The Millers questioned the constitutionality of the statutes. The district court granted summary judgment against the state of Illinois, and the Millers appealed.
Supreme Court rules after Millers file opening statement New York State Rifle & Handgun Association v. Bruen (2022), in which the court ruled that the means-ends review does not apply in the context of the Second Amendment.The Supreme Court has made it clear that District of Columbia v. Heller (2008), asking courts to assess whether modern gun statutes conform to the textual and historical understanding of the Second Amendment.rear Brunn Published, the briefing continued in this case, we heard oral arguments.
We are now remanded for additional proceedings to make full use of the District Court’s decision on the ‘text, history and tradition’ test Brunn. On remand, the District Court shall allow the parties to make further discoveries, including seeking additional expert reports.The District Court shall then evaluate any subsequent motions under the following provisions: Brunntextual, historical and traditional framework.In doing so, the court should allow the briefing and consider Brunn Principles of unconstitutional conditions, including but not limited to employment background. See, eg, NASA v. Nelson (2011); Engquist v. Oregon Department of Agriculture. (2008).Courts should also allow for the discovery and briefing of sensitive location principles, and any other matters deemed relevant by the court and the parties Brunn.
