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The Latest Breaking News from Heller

Third Circuit Sends Down to District Court the Second Amendment Challenge to N.J.'s Ban on >10-Round Magazines

The appellate court would leave the matter for the district court to decide in the first instance, subject to appellate review; Judge Matey dissented, arguing that the appellate court should have considered the issue directly.

Reason

Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen

Article for Cato Supreme Court Review

Reason

This Lawsuit Says a Recent SCOTUS Decision Makes It Clear That 'Assault Weapon' Bans Are Unconstitutional

The Supreme Court unambiguously rejected the sort of reasoning that a federal appeals court used to uphold New York's ban.

Reason

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SCOTUS Vacates 4 Decisions Upholding Gun Control Laws Whose Constitutionality Now Looks Doubtful

The Court told appeals courts to reconsider their conclusions in light of last week's ruling against New York's restrictions on public possession of firearms.

Reason

Judge looks to Supreme Court gun ruling as he weighs whether to shoot down Chicago ban on laser sights

U.S. District Judge Robert Dow Jr. has asked lawyers in a Chicago gun-rights suit to weigh in on whether Justice Clarence Thomas’s majority opinion affects the city’s ban.

Chicago Sun-Times

The Limits of Bruen

The Constitutionality of "Shall Issue" Regimes After Bruen.

Reason

Bruen's Originalist Analogical Reasoning Applies A Presumption of Liberty

A new framework for originalist judging.

Reason

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Bruen Bids Farewell To The Two-Step Test

The Court abrogated a decade of circuit court precedent, and vitiated mountains of Second Amendment scholarship.

Reason

SCOTUS Rejects 'Interest-Balancing' Tests That Treated the Second Amendment As a 'Constitutional Orphan'

The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.

Reason

How Should Courts Evaluate Gun Regulations After Bruen?

There's much to be said and debated about the N.Y. State Rifle & Pistol Ass'n v. Bruen opinions, and who got it right. But for now, I want to turn to the practical question: What does Bruen mean for gun laws going forward? Here is my very tentative summary of…

Reason

How the Supreme Court went gun crazy

Antonin Scalia and his disciple Amy Coney Barrett have brought us to madness — and not just on guns and abortion

Salon

A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller

"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"

Reason

Political realities have stopped legislative action after school shootings

The political climate has changed drastically since a 10-year assault weapons ban passed in 1994. The lack of political will and other barriers stand in the way of it even coming to a vote today.

WEKU

Jackie Calmes: Buffalo, Laguna Woods and the Supreme Court's radical revision of US history

Talk about a sad coincidence.

Los Angeles Times

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Reason

Justice Kavanaugh Is Not Going To Lay A Hand On Employment Division v. Smith

Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.

Reason

R.I. Stun Gun Ban Struck Down

The case is O'Neil v. Neronha, decided today by Judge William E. Smith (D.R.I.); Judge Smith expresses his disapproval of D.C. v. Heller (pp. 9-10 n.7), but applies it to hold that the stun gun ban is unconstitutional. Congratulations to lawyers Alan Beck, Stephen Stamboulieh, and Frank Saccoccio on the…

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