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The Latest Breaking News from Second Amendment

Second Amendment Roundup: Should the Fifth Circuit Reconsider Rahimi En Banc?

The Fifth Circuit's decision in United States v. Rahimi, which held that the federal statute prohibiting possession of a firearm by a person subject to a domestic violence restraining order violates the Second Amendment, has managed to stay in the news for longer than most circuit court decisions. On March…

Reason

The DOJ Says Marijuana Use, Which Biden Thinks Should Not Be a Crime, Nullifies the Second Amendment

Even as the president bemoans the injustice of pot prohibition, his administration insists that cannabis consumers have no right to arms.

Reason

Second Amendment Roundup: An Opening Judicial Salvo in Defense of Illinois' New Rifle Ban

[From the editor: I'm delighted to report that Stephen Halbrook will have a new column here on the blog, Second Amendment Roundup, which will offer a technical focus on recent Second Amendment cases. Halbrook is both a prominent gun rights lawyer and a leading legal scholar: He argued Printz v.…

Reason

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The Drug Exception to the Second Amendment

Conservatives have been slow to recognize the threat that drug prohibition poses to gun rights and other civil liberties.

Reason

Visa pauses decision to track purchases at gun shops

Visa is pausing their decision to start categorizing purchases at gun shops, a significant win for conservative groups and Second Amendment advocates who felt that tracking gun shop purchases would inadvertently discriminate against legal firearms purchases

The Independent UK

Thanks to the Supreme Court, California gun cases hinge more on history than modern threats

LOS ANGELES — To best understand California's desire to uphold its bans on assault weapons and high-capacity ammunition magazines, consider recent history.

Los Angeles Times

Federal Court Strikes Down Missouri's Second Amendment Protection Act on Supremacy Clause Grounds

From today's U.S. v. Missouri, decided by Judge Brian Wimes (W.D. Mo.): The Supremacy Clause provides that the "Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land; and the Judges in every State shall be…

Reason

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Should People Who Attempt Suicide Lose Second Amendment Rights, and, If So, for How Long?

An interesting decision Wednesday by N.Y. trial court judge Thomas Marcelle (Albany County), Hines v. Doe: Doe lives in terrible discomfort caused by a host of ailments. In the last three years matters have gotten worse. As a result, Doe drinks every Sunday (but only on Sunday) to cope with…

Reason

Judge James Ho's Revised Concurrence in the Second Amendment / Restraining Order Case

Yesterday, the Fifth Circuit released an updated version of its opinion in U.S. v. Rahimi, which held that people can't be disarmed just based on a civil restraining order. The changes to the majority are comparatively minor, but Judge Ho used the release of the new opinion as an occasion…

Reason

Founding fathers didn’t own AR-15s or large capacity magazines, Pritzker and Raoul argue in defense of ban

Illinois Attorney General Kwame Raoul filed the brief to answer challenges to the assault weapon ban, arguing the nation’s founding fathers owned guns that could only shoot a single shot before reloading — proving assault weapons weren’t in “common use” at the time.

Chicago Sun-Times

Turmoil in courts on gun laws in wake of justices' ruling

A landmark Supreme Court decision on the Second Amendment is upending gun laws across the country, dividing judges and sowing confusion over what firearm restrictions can remain on the books

The Independent UK

2nd Amendment sanctuary measure overturned in Oregon

An Oregon court has ruled that local governments in the state can’t declare themselves Second Amendment sanctuaries and ban police from enforcing certain gun laws

The Independent UK

The Sources Cited by the Supreme Court in Bruen

Guidance for judicial examination of legal history.

Reason

DeSantis campaign wanted guns banned at election night event in Tampa, city employee says

TAMPA, Fla. — Emails suggest that Florida Gov. Ron DeSantis’ campaign made two requests of the Tampa Convention Center, the downtown venue that hosted the governor’s November election night celebration: no guns and no fingers pointing at the campaign for seeking such a prohibition.

Tribune News Service

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Salon

"Terrifying" court let abusers keep guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling

Reason

"On The Need For Diverse Viewpoints In Biglaw," by David Lat

An excerpt from David Lat's Original Jurisdiction newsletter (and also earlier published by him in the Boston Globe), though the whole thing is much worth reading: On the morning of June 23, the U.S. Supreme Court issued a landmark opinion in New York State Rifle & Pistol Association v. Bruen,…

The Texas Tribune

Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions.

Reason

Gun Rights in Joe Biden's America: Live With Jacob Sullum, Amy Swearer, and Nick Gillespie

Join Reason on YouTube and Facebook on Thursday at 1 p.m. Eastern for a discussion about the Second Amendment, gun control, and mass shootings.

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Salon

"Originalism" will likely kill women

A federal court finds that women's lives are less important than a bizarre misreading of the Second Amendment

Reason

A Federal Judge Says the Ban on Gun Possession by Cannabis Consumers Is Unconstitutional

The government argued that marijuana users have no Second Amendment rights because they are dangerous, unvirtuous, and untrustworthy.

Reason

Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order

Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one…

Salon

Newsom rips Fox News over gun violence

Newsom warns Second Amendment becoming a “suicide pact” as seven people are killed in Half Moon Bay

Reason

Foster Parent Second Amendment Case Sent Back to District Court in Light of Bruen

From yesterday's Seventh Circuit decision in Miller v. Smith, by Judges Joel Flaum, Ilana Rovner, and Michael Brennan: Appellants Darin and Jennifer Miller are both licensed foster home caretakers, and Jennifer Miller is licensed to operate a home day care. Illinois statutes and regulations restrict how the Millers may possess…

Chicago Sun-Times

Downstate judge temporarily holsters assault weapons ban — for 865 gun owners and one gun shop

Gov. J.B. Pritzker called the decision in downstate Effingham County “disappointing,” but said he remains confident the courts will uphold the law he signed Jan. 10 banning the sale of assault weapons in Illinois and capping the size of magazines that could be sold.

Chicago Tribune

Illinois State Rifle Association files federal lawsuit over state’s assault weapons ban

CHICAGO — Illinois’ flagship gun rights organization on Tuesday filed a federal lawsuit alleging the newly signed state law that prohibits high-powered guns and large-capacity ammunition magazines violates the Second Amendment of the U.S. Constitution.

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