The Latest Breaking News from Heller

CHICAGO — In his closing remarks before a vote on a sweeping firearms ban, Illinois Senate President Don Harmon pushed back at critics who contended the prohibitions would violate the Second Amendment of the U.S. Constitution.

“It seems highly likely there would be justices inclined to strike down the law,” said Eric Ruben, a law professor and expert on gun issues. “Whether there are five is another question.”

From U.S. v. Reyna, decided yesterday by Judge Robert Miller, Jr. (N.D. Ind.) (for a case reaching the opposite result, see this post): The Heller Court made clear that the Second Amendment excludes "those weapons not typically possessed by law-abiding citizens for lawful purposes." This limit on the Second Amendment…

In historical inquiry, reasoning by analogy is a commonplace task for any lawyer or judge.

Courts, not “experts,” should say what the law is.

1791, not 1868, is the key date for determining the original understanding of the Second Amendment.

When the Second Amendment's plain text covers conduct, it is presumptively protected.

The AR-15 is protected by the Second Amendment.

Bowie knives are back in constitutional law news these days, after a very long absence. The U.S. Supreme Court's Bruen decision instructs lower courts to look to U.S. legal history to see what sorts of restrictions on Second Amendment rights are consistent with the mainstream American legal tradition. According to…

In today's Wade v Univ. of Michigan, the Michigan Supreme Court sent a challenge to the University of Michigan's gun ban back to the Court of Appeals, for consideration in light of N.Y. State Rifle & Pistol Ass'n v. Bruen. The Court didn't issue an opinion, but Justice David Viviano…

Gun Owners of America prevail in Antonyuk v. Hochul