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The Latest Breaking News from Second Amendment

Fifth Circuit Won't Revisit Its Earlier Precedent Holding Illegal Aliens Lack Second Amendment Rights

From yesterday's decision in U.S. v. Medina-Cantu, by Judge Carolyn Dineen King and Kurt Engelhardt: In U.S. v. Portillo-Munoz (5th Cir. 2011), this court held that 18 U.S.C. § 922(g)(5), which prohibits an illegal alien from possessing a firearm or ammunition, is constitutional under the Second Amendment. In the present…

Reason

Federal Ban on Gun Possession by Drug Users Is Often Unconstitutional

"[O]ur history and tradition may support some limits on a presently intoxicated person's right to carry a weapon ..., but they do not support disarming a sober person based solely on past substance usage."

Reason

Eighth Circuit Wrongly Struck Down Missouri's Gun Sanctuary Law—But Also Created a Roadmap for How Such Laws Can Escape Invalidation in the Future

The court indicates the law would be constitutional so long as it does not claim to declare a federal law "invalid."

Reason

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Massachusetts strikes down a 67-year-old switchblade ban, cites landmark Supreme Court gun decision

Residents of Massachusetts are now free to arm themselves with switchblades after a 67-year-old restriction was struck down in the wake of the U.S. Supreme Court’s 2022 landmark decision on gun rights and the Second Amendment

The Independent UK

The History of Bans on Types of Arms Before 1900

Restrictions on carry, minors, and misuse were the norm -- not bans

Reason

Massachusetts reverses switchblade carry ban, saying they are protected under Second Amendment

State’s high court argued that switchblades were considered an ‘arm’ and therefore protected by the Second Amendment

The Independent UK

Bikinis, surfboards and battle-axes? Hawaii loosens long-strict weapons laws after court ruling

Second Amendment activists in Hawaii are celebrating a recent legal change that allows them to carry not just guns but other weapons -- from battle-axes to butterfly knives — openly in public

The Independent UK

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Eighth Circuit Rejects Missouri's Second Amendment Preservation Act

States cannot invalidate or refuse to recognize federal law.

Reason

Second Amendment Roundup: 8th Circuit Rules in Favor of Pistol Brace Owners

ATF shoots the side of a barn, draws a target around the bullet holes, and proclaims “bullseye!”

Reason

Kansas judge throws out machine gun possession charge, cites Second Amendment

A federal judge in Kansas has tossed out a machine gun possession charge and questioned if bans on the weapons violate the Second Amendment

The Independent UK

First Amendment / Second Amendment Lawyer Jobs in California

Two organizations (Benbrook Law Group and the First Amendment Coalition) with which I've worked closely, and which I think highly of, are looking for California lawyers; application instructions are at the links. [1.] Benbrook Law Group, a two-lawyer firm with which I've litigated some interesting First Amendment gun-related cases, is…

Reason

Neither Harris Nor Her Party Perceives Any Constitutional Constraints on Gun Control

The 2024 Democratic platform devotes five paragraphs to firearm restrictions but does not even allude to the Second Amendment.

Reason

Federal Appeals Court Rules Minnesota Gun Law Unconstitutional

Recent court ruling deems Minnesota's law on gun permits unconstitutional, sparking debate on Second Amendment rights and public safety.

Top News

2 Contradictory Decisions on AR-15 Bans Reflect Clashing Views of Supreme Court Precedents

Does the Second Amendment allow the government to ban guns in common use for lawful purposes?

Reason

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The Independent UK

Kyle Rittenhouse flip-flops on Trump support after ‘productive conversations’ with campaign

Former President once referred to Rittenhouse, who shot two men during BLM protest in Wisconsin, as a ‘fan’

Reason

A Federal Judge Reluctantly Concludes That New Jersey's AR-15 Ban Is Unconstitutional

The decision shows that the Supreme Court has forced judges who like gun control to respect the Second Amendment anyway.

Reason

Second Amendment Roundup: 8th Circuit Rules for 18 to 20-Year-Olds

Court relies on Rahimi in support of liberalized gun carry permits.

Reason

The DOJ Claims Medical Marijuana Patients Who Own Guns 'Endanger the Public in Multiple Ways'

Defending the federal ban on gun possession by drug users, the government's lawyers seem increasingly desperate.

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Reason

Rahimi and NetChoice: Why Is The Facial Challenge Bar Lowered For The First Amendment and Not The Second Amendment?

The right to keep and bear arms remains a second-class right.

Salon

GOPer uses Trump shooting to back AR-15s

"That son-of-a-b**ch is now dead because a good guy with a gun shot him," said Texas Rep. Wesley Hunt

Reason

The 2024 GOP Platform Barely Mentions Gun Rights

The party's neglect of the issue is consistent with its domination by Donald Trump, who pays lip service to the Second Amendment but has never been a true believer.

Reason

Attention SCOTUS Shoppers: Clean up on Article III and there is a Blue-Light Special on the Second Amendment.

SCOTUS GVR's Range, sends Second Amendment to inferior court purgatory.

Reason

Justice Thomas Argues the Court Should at Some Point Consider Whether "Assault Weapons" Bans Violate Second Amendment

Justice Alito takes a similar view, but, at least in this case, this view didn't get the four votes necessary to grant review.

Reason

Second Amendment Roundup: Rahimi Preserves Bruen

The real dissents are the concurrences by Justices Sotomayor and Jackson.

Reason

Has SCOTUS Replaced One Kind of Unbridled Discretion With Another in Second Amendment Cases?

Although critics say the Court’s current approach is unworkable, it has been undeniably effective at defeating constitutionally dubious gun regulations.

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