In a preliminary injunction action, how have the courts treated historical analysis in determining whether or not to grant an interim injunction?

³ This court has previously discouraged bypassing the historical analysis step and assuming without deciding that conduct burdens the Second Amendment. Peruta v. Cnty. of San Diego, 742 F.3d 1144, 1167 (9th Cir.2014). At this early, preliminary injunction stage, however, we do not find it necessary to independently undertake a historical analysis that was unavailable to the district court due to an undeveloped record. As the merits action proceeds and the parties develop the record, the district court will be able to adequately assess the historical roots and implications of firing-capacity regulations.

³ This court has previously discouraged bypassing the historical analysis step and assuming without deciding that conduct burdens the Second Amendment. Peruta v. Cnty. of San Diego, 742 F.3d 1144, 1167 (9th Cir.2014). At this early, preliminary injunction stage, however, we do not find it necessary to independently undertake a historical analysis that was unavailable to the district court due to an undeveloped record. As the merits action proceeds and the parties develop the record, the district court will be able to adequately assess the historical roots and implications of firing-capacity regulations.