The Latest Breaking News from Second Amendment

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.”

A federal judge ruled earlier this year that a state law banning young adults from publicly carrying handguns is unconstitutional. The state no longer plans to appeal that ruling.

From Miller v. Bonta, decided today by Judge Roger Benitez (S.D. Cal.): "It is cynical." "It is an abomination." "It is outrageous and objectionable." "There is no dispute that it raises serious constitutional questions." "It is an unprecedented attempt to thwart judicial review." Such are the Intervenor-Defendant Governor's expressed views…

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.