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The Latest Breaking News from Heller

S. Ct. Will Review Whether Second Amendment Allows Disarming of People Subject to Civil Restraining Orders

The Supreme Court just announced that it will consider this issue, in U.S. v. Rahimi; this is unsurprising, since the Court is generally inclined to review cases where a court held that a federal statute was unconstitutional, and where the federal government asks for review. Here's my post from February,…

Reason

All the Starfield companions and crewmates we've seen so far

Bethesda has said you won't be short for help on this ship; here's who you can recruit to the crew.

PC Gamer

Second Amendment Roundup: Third Circuit Rules Felon Ban Invalid as Applied

Range would be the best § 922(g) case for the Supreme Court to resolve.

Reason

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Disarming a Man Based on a Nonviolent Misdemeanor Was Unconstitutional, the 3rd Circuit Rules

The decision highlights the injustice of a federal law that bans gun possession by broad categories of "prohibited persons."

Reason

Thank Clarence Thomas for gun madness

His Bruen gun rights decision is killing Americans every day

Salon

Supreme Court Roundup: The Supreme Court Should Review and Enjoin the Illinois Gun Ban

On May 1, Justice Amy Coney Barrett directed the State of Illinois and the City of Naperville to respond to the emergency application for injunction pending appellate review filed by the National Association for Gun Rights (NAGR). As I explained in "An Opening Judicial Salvo in Defense of Illinois' New…

Reason

How a US Supreme Court ruling is transforming gun control

As mass killings stoke calls for reform, legal fights over the historical basis for gun rights have gone into overdrive.

Al Jazeera

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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

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

How powerful are AR rifles?

About the same as other rifles

Reason

The Sources Cited by the Supreme Court in Bruen

Guidance for judicial examination of legal history.

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…

Reason

Illinois’ sweeping firearms ban certain to end up in court, and some experts doubt it will stand

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.

Chicago Tribune

Why Illinois’ new assault weapons ban might not hold up in court

“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.”

Chicago Sun-Times

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Reason

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.

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Reason

"Plain Text"

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

Reason

America's Rifle

The AR-15 is protected by the Second Amendment.

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…

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…

Reason

Preliminary injunction against New York bans on licensed carry

Gun Owners of America prevail in Antonyuk v. Hochul

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…

Reason

Requirement of Serial Numbers on Guns Violates Second Amendment

From U.S. v. Price, decided yesterday by Judge Joseph R. Goodwin (S.D. W. Va.): Section 922(k) states, in pertinent part, It shall be unlawful for any person knowingly to transport … in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or…

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