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The Latest Breaking News from Second Amendment

Gun owners: It's time to stand up

I'm a gun owner and a former MAGA Republican. I have a message for my former tribe: Is this really what you want?

Salon

That School Is Still Treading on Jaiden Rodriguez's Free Speech Rights

The district is still censoring the Gadsden flag patch as well as Second Amendment advocacy, according to FIRE.

Reason

Court Strikes Down W. Va. Law Restricting Property Owners from Asking Visitors About Whether They Have Guns in Their Parked Cars

From yesterday's decision by Judge John T. Copenhaver, Jr. (S.D. W. Va.) in W. Va. Coalition Against Domestic Violence, Inc. v. Morrisey (some formatting changed); note that the court upheld some other provisions of the law, which I discuss in a separate post: In March 2018, the West Virginia Legislature…

Reason

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Four Eighth Circuit Judges Argue That Felons Don't Categorically Lose Second Amendment Rights

The opinion is today's dissent from denial of rehearing en banc in U.S. v. Jackson (8th Cir.), written by Judge David Stras, joined by Judges Ralph Erickson, Steven Grasz, and Jonathan Kobes: By cutting off as-applied challenges to the federal felon-in-possession statute, Jackson and Cunningham [two recent Eighth Circuit panel…

Reason

Second Amendment Roundup: Looking for Historical Tradition in All the Wrong Places

The Government drops reference to the slave codes as a historical analogue in Rahimi.

Reason

Without a Diversion Agreement, Hunter Biden Could Go to Prison Under an Arbitrary Gun Law His Dad Supports

Special Counsel David Weiss will face a Second Amendment challenge if he prosecutes the president's son for illegally buying a firearm.

Reason

Gun rights group files lawsuit against newly signed law aimed at ‘unsafe marketing practices’ by firearms makers and sellers

The National Shooting Sports Foundation filed the lawsuit Monday in the Southern District of Illinois, citing both the First and Second amendments to the U.S. constitution.

Chicago Sun-Times

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5th Circuit Says Prosecuting a Cannabis Consumer for Possessing Guns Violated the Second Amendment

The decision casts further doubt on the constitutionality of a federal law that makes it a felony for illegal drug users to own firearms.

Reason

Fifth Circuit's Holds That People Who Use Marijuana Don't Lose Second Amendment Rights (At Least When Sober)

Title 18 U.S.C. § 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance," including marijuana; the ban applies not just while a person is intoxicated, but also while the person is sober. Today's decision in U.S. v. Daniels, written by Judge…

Reason

Second Amendment Roundup: The Supreme Court stays vacatur of ATF regulations.

The 5th Circuit finds plaintiffs likely to succeed in challenging another set of ATF rules that implicate the Second Amendment.

Reason

Hawaii Butterfly Knife Ban Violates Second Amendment

So the Ninth Circuit held today (Teter v. Lopez), in an opinion by Judge Carlos Bea, joined by Judges Daniel Collins and Kenneth Lee. The butterfly knife, also known as the "balisong," has a disputed origin. Some sources say it originated in France; others, the Philippines. It is anywhere from…

Reason

Florida Appellate Court Rejects Third Circuit's Reasoning as to Felons and the Second Amendment

From Edenfield v. State, decided Wednesday, in an opinion by Judge Bilbrey and joined by Judge Winokur, with Judge Long concurring in the result (for more on the Range case, see here): We deny Appellant's amended motion for rehearing, rehearing en banc, and to certify a question of great public…

Reason

McConaughey on guns, safe school program

The Texan wants Second Amendment defenders to have real, across-the-aisle conversations

Salon

Second Amendment Roundup: Upholding Oregon's Magazine Ban

Plaintiffs’ experts are biased, but defendants’ are neutral.

Reason

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Reason

Michigan Court of Appeals Upholds Ban on Guns at University of Michigan

From Wade v. Univ. of Michigan, decided yesterday by the Michigan Court of Appeals (Judges Mark Cavanagh and Deborah Servitto); the ban covered all university property, which I take it includes dorms and open spaces: In Bruen, the Court stated that it was "settled" that arms carrying could be prohibited…

Reason

11th Circuit Will Review En Banc Whether Second Amendment Protects 18-to-20-Year-Olds

Yesterday, the Eleventh Circuit granted en banc rehearing on this issue in NRA v. Bondi. For more on the underlying legal issue, see Stephen Halbrook's April post, which mentions the panel opinion (which has now been vacated) as well as some other cases.

Reason

Second Amendment Roundup: Delaware's Gun Ban Heats Up

Third Circuit briefing is ongoing in challenge to rifle ban signed into law just a week after Bruen.

Salon

Philly shooter wanted to clean streets

The suspect also shared posts in May from pro-gun groups that supported the Second Amendment and Donald Trump

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The Independent UK

Should domestic abusers have the right to be armed? The Supreme Court could upend protections for survivors

A Texas man repeatedly violated a restraining order that forbids him from possessing a firearm under federal law. Justices will decide if judges went too far after they said it was unconstitutional, Alex Woodward reports

Tribune News Service

Supreme Court to decide gun rights case on domestic violence

WASHINGTON — The Supreme Court will decide whether federal law can prohibit gun possession for people who are subject to domestic violence orders, the first Second Amendment case at the Supreme Court since a decision last year that expanded the right to carry firearms in public.

Reason

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

Another Judge Chips Away at Laws Barring Felons From Owning Guns

Now both a violent and nonviolent felon have been found by lower courts to have a Second Amendment right to own weapons. The Supreme Court will likely consider the issue in the near future.

Reason

No Right to Lie About Current Indictments on Gun Purchase Form

From U.S. v. Holden, decided Friday by the Seventh Circuit (Judge Frank Easterbrook, joined by Judges Diane Wood and Doris Pryor); seems quite correct to me: "Our legal system provides methods for challenging the Government's right to ask questions—lying is not one of them. A citizen may decline to answer…

The Conversation

How 'constitutional county' declarations undermine the Constitution – a legal scholar explains

Declaring its community a “constitutional county” on May 23, 2023, the Board of County Commissioners in Ottawa County, Michigan, voted 9-1 not to enforce any law or rule that “restricts the rights of any law-abiding citizen affirmed by the United States Constitution.”

Reason

Originalism in the Lower Courts: Fifth Circuit Panel Invites Amicus Briefs on Second Amendment

"Of particular interest are historical gun regulations applicable to intoxicated or impaired individuals."

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