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The Latest Breaking News from Second Amendment

Second Amendment Roundup: Upholding Oregon's Magazine Ban

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

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

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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.

Reason

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

Salon

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

The Independent UK

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.

Tribune News Service

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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…

Reason

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.”

The Conversation

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."

Reason

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

OpenAI is being sued by a Georgia radio host because ChatGPT accused him of a crime he did not commit

The chatbot told a journalist that Mark Walters is being sued for embezzlement. He is not.

PC Gamer

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Reason

Gavin Newsom Wants To 'Permanently Enshrine' Gun Control in the U.S. Constitution

California’s governor insists his “28th Amendment” would leave the right to arms “intact.”

Chicago Sun-Times

Pot users should not lose their gun rights

The Biden administration says cannabis consumers should not be treated as criminals, but continues to defend a federal policy that punishes them by taking away their Second Amendment rights.

Reason

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

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

California is appealing the injunction against its “Not Unsafe” Handgun Act.

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Reason

First (?) Libel-by-AI (ChatGPT) Lawsuit Filed

"Every statement of fact in the summary [provided by ChatGPT] pertaining to [plaintiff] Walters is false."

Reason

Third Circuit Holds That at Least Some Felons Retain Second Amendment Rights

Today's en banc decision in Range v. Attorney General so concludes, in a majority opinion by Judge Hardiman, which got the votes of nine of the fifteen judges. The challenger in this case pleaded guilty in 1995 to making a false statement to obtain food stamps; because this was in…

WEKU

How the SCOTUS 'Supermajority' is shaping policy on everything from abortion to guns

Constitutional lawyer Michael Waldman says there's a growing divide between the electorate and the Court: "the country is moving in one direction ... the Court is moving fast in another direction."

Salon

Ex-gun exec on root of US gun violence

Ryan Busse once worked for a major gun-maker. He now warns about the danger of radicalization in the industry

Reason

Hunter Biden, Second Amendment Warrior?

Plus: Flaws in studies linking teen social media use to depression, debt ceiling deal passes Senate, and more...

Reason

"Could Hunter Biden Be the Next Poster Child for Second Amendment Rights?"

An interesting article in Politico (Betsy Woodruff Swan): The president's son is the target of a Justice Department investigation scrutinizing his purchase of a gun in 2018 — a time when he has said he was regularly using crack cocaine. Federal law bans drug users from owning guns. But the…

Reason

Second Amendment Roundup: U.S. Seeking Cert on Prohibited Persons

The Administration is hoping that bad facts will make bad law.

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