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The Latest Breaking News from Second Amendment

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

Newsom rips Fox News over gun violence

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

Salon

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…

Reason

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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 Sun-Times

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.

Chicago Tribune

Illinois weapons ban faces federal suit, mayor proposes CTA bus cams and more in your Chicago news roundup

Today’s update is a 5-minute read that will brief you on the day’s biggest stories.

Chicago Sun-Times

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

Chicago Tribune

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Gun lobby, stores file federal challenge to assault weapons ban, arguing it violates ‘right to keep and bear common arms’

The Illinois State Rifle Association lawsuit appears to be the first in federal court to challenge Illinois’ new weapons ban, but it is part of a burgeoning legal effort aimed at undoing the new law. Other lawsuits have been filed in state court.

Chicago Sun-Times

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

Court Rejects Challenge to California's Disclosure of Certain Gun Owner Records to Researchers

From Judge Larry Alan Burns' decision today in Doe v. Bonta (S.D. Cal.): Five California registered gun owners have filed suit to prevent Rob Bonta, Attorney General of the State of California, from enforcing a California law that permits the State to disclose their personal identifying information to bona fide…

Reason

The 3rd Circuit Considers Whether Nonviolent Crimes Justify the Loss of Second Amendment Rights

Because of a misdemeanor welfare fraud conviction, Bryan Range is no longer allowed to own guns.

Reason

Editorial: Ready, aim, holster your weapon: The Supreme Court must not agree to a radical request to

It was bad enough when, last June, an activist Supreme Court majority that comically calls itself conservative invalidated a century-old New York law restricting the concealed carry of firearms. Now the same majority could use its so-called shadow docket to override a federal appeals court and shoot down the state…

Tribune News Service

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

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The Texas Tribune

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.

Reason

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

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.

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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

"Plain Text"

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

Tribune News Service

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…

Reason

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…

Dynamite News

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:

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