The Latest Breaking News from Second Amendment

Today's U.S. v. Duarte, written by Judge Carlos Bea and joined by Judge Lawrence VanDyke, concludes that the Second Amendment protects some felons (at least after the end of their criminal sentences). The majority begins with the principle that: [The Supreme Court's decision in] Bruen instructs us to assess all…

From today's decision in Doe v. Bonta, written by Judge Mary Schroeder and joined by Judges Patrick Bumatay and Salvandor Mendoza: California's DOJ maintains two databases relevant to this case. The first database relates to purchasers of firearms and applicants for CCWs. It is called the Automated Firearm System ["AFS"].…

Agency pushes the envelope to require gun dealer licenses beyond the statute.

The stay was issued without time to review the opinion and the motion to stay, and without allowing an opposition brief.

“Large-capacity” magazines and semiautomatic rifles are “bearable arms” in common use, no different from the handguns in Heller, but will two en banc courts agree?

The public Cortland Housing Authority (near Syracuse) required its tenants not to possess "firearms … or other weapons as defined by the laws and courts of the State of New York" on its property. In Hunter v. Cortland Housing Authority, decided Jan. 30, 2024 (though I somehow missed it), Judge…

From Third Circuit Judge Cheryl Krause's dissent from denial of rehearing en banc yesterday in Lara v. Commissioner; Judges Shwartz, Restrepo, Freeman, Montgomery-Reeves, and Chung also voted to rehear the case en banc, but didn't write an opinion or join Judge Krause's: When they ratified the Second Amendment, our Founders…

Some supposed defenders of the right to bear arms react with alarm.

Hours before the president said "no one should be jailed" for marijuana use, his Justice Department was saying no one who uses marijuana should be allowed to own guns.

Citizens should be able to choose the same high-quality defensive arms that peace officers choose

Likelihood of prevailing on a constitutional claim may suffice for a preliminary injunction.