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The Latest Breaking News from Second Amendment

Third Circuit Will Consider En Banc Whether Nonviolent Felons Lose Second Amendment Rights

The panel opinion, which has now been vacated (as is always done when the court agrees to hear a case en banc) is here (Range v. Attorney General); here's a quick summary of the result of that panel opinion: Based on history and tradition, we conclude that "the people" constitutionally…

Reason

Texas drops fight to prevent 18- to 20-year-olds from carrying handguns in public

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.

The Texas Tribune

Judge Blocks California Fee-Shifting Statute That Targets Gun Lawsuit Plaintiffs (and Lawyers)

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…

Reason

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Requirement of Serial Numbers on Guns Doesn't Violate Second Amendment

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…

Reason

Analogical Reasoning and the Second Amendment

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

Reason

Should Courts Appoint Historians as Experts in Second Amendment Cases?

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

Reason

Did the Fourteenth Amendment Alter the Meaning of the Second Amendment?

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

Reason

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"Plain Text"

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

Reason

Commentary: Guns and logic

Ignoring the nation’s epidemic of mass shootings, in June 2022, by a 6-3 margin along ideological lines, the Supreme Court struck down a New York law that required anyone seeking a license to carry a concealed handgun outside the home to demonstrate a specific justification for the permit. Under the…

Tribune News Service

America's Rifle

The AR-15 is protected by the Second Amendment.

Reason

Stephen Halbrook Guest-Blogging on Second Amendment Law

I'm delighted to report that Stephen Halbrook will be guest-blogging this week on Second Amendment law. Halbrook is both a prominent gun rights lawyer and a leading legal scholar: He argued Printz v. United States (the anti-commandeering case) in the Supreme Court, as well as Castillo v. United States and…

Reason

Centre To Move Constitution (Scheduled Castes And Scheduled Tribes) Orders (Second Amendment) Bill, 2022 In RS Today

Tribal Affairs Minister Arjun Munda is to move 'The Constitution Orders Bill, 2022' in the Rajya Sabha to amend the Constitution Order, 1950 and the Constitution Order, 1967.Read on for details:

Dynamite News

A Federal Judge Suggests That Oregon's 10-Round Magazine Limit Does Not Implicate the Second Amendment

The new ban, which has been blocked by a state judge, so far has fared better in federal court.

Reason

Kyle Rittenhouse ‘Turkey Shoot’ video game lets players shoot creatures that exhibit ‘liberal bias’

The game appears intended to help pay for legal fees

The Independent UK

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The Guardian - US

Colorado Springs shooter had allegedly threatened his mother with a bomb. Why could he still get a gun?

Anderson Lee Aldrich had his name changed from Nicholas Brink at 15 when disparaging posts on a website targeted him

Reason

The legal history of bans on firearms and Bowie knives before 1900

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…

The Independent UK

Kyle Rittenhouse meets pro-gun Republican lawmakers on Capitol Hill

Boebert says teenager ‘is a powerful example of why we must never give an inch on our Second Amendment rights’

The Texas Tribune

Federal judge in Texas rules that disarming those under protective orders violates their Second Amendment rights

U.S. District Judge David Counts signed another opinion Thursday that cited a lack of historical record on laws relating to domestic violence to justify disarming abusers. Advocates fear the ruling will put more victims in harm’s way.

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Reason

Second Amendment Challenge to University of Michigan Gun Ban

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…

Chicago Sun-Times

Biden administration relies on flawed argument for banning gun possession by marijuana users

The analogy is between the gun ban for marijuana users and old laws that prohibited people from either carrying or firing guns “while intoxicated.”

Reason

A Judge Accepts the Biden Administration's Dubious Argument for Banning Gun Possession by Marijuana Users

Even people who use cannabis for medical purposes risk severe penalties for daring to exercise their Second Amendment rights.

Benzinga

Medical Marijuana Patients Don't Have Gun Rights: Federal Court Rules On Nikki Fried's Second Amendment Lawsuit

A Federal Court dismissed Nikki Fried’s Second Amendment lawsuit against the federal government seeking to allow medical marijuana patients to buy and own firearms.

Salon

Texas gun law unleashes deadly mayhem

"Who could've predicted arming folks without a license would result in this type of chaos?"

Reason

N.Y. Law Banning Gun Carrying in Churches (Including by People Authorized by the Church) Struck Down

From Hardaway v. Nigrelli, decided yesterday by Judge John L. Sinatra, Jr. (N.D.N.Y.): Eight days after the Supreme Court struck down New York's unconstitutional "proper cause" requirement for conceal-carry licenses, the State responded with even more restrictive legislation, barring all conceal-carry license holders from vast swaths of the State. The…

Tribune News Service

After Parkland shooting, Rubio vowed to support law raising minimum age to buy assault-style rifle. Now he opposes it

FORT LAUDERDALE, Fla. — Immediately after the 2018 Marjory Stoneman Douglas High School massacre, U.S. Sen. Marco Rubio, R-Fla., promised to support a law raising the minimum legal age for buying assault-style rifles.

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