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The Latest Breaking News from Heller

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

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.

Reason

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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

One Nation Under Guns

How this year’s Supreme Court ruling on Second Amendment rights is changing everything

The Atlantic

America's Rifle

The AR-15 is protected by the Second Amendment.

Reason

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Second Amendment Challenge to University of Michigan Gun Ban

In today's Wade v Univ. of Michigan, the Michigan Supreme Court sent a challenge to the University of Michigan's gun ban back to the Court of Appeals, for consideration in light of N.Y. State Rifle & Pistol Ass'n v. Bruen. The Court didn't issue an opinion, but Justice David Viviano…

Reason

N.Y. Law Banning Gun Carrying in Churches (Including by People Authorized by the Church) Struck Down

From Hardaway v. Nigrelli, decided yesterday by Judge John L. Sinatra, Jr. (N.D.N.Y.): Eight days after the Supreme Court struck down New York's unconstitutional "proper cause" requirement for conceal-carry licenses, the State responded with even more restrictive legislation, barring all conceal-carry license holders from vast swaths of the State. The…

Reason

Requirement of Serial Numbers on Guns Violates Second Amendment

From U.S. v. Price, decided yesterday by Judge Joseph R. Goodwin (S.D. W. Va.): Section 922(k) states, in pertinent part, It shall be unlawful for any person knowingly to transport … in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or…

Reason

Editorial: The shooting at Roxborough High and the absurd state law that limits local gun safety measures

It should come as no surprise that Philadelphia Mayor Jim Kenney's executive order banning guns and other deadly weapons at city recreation centers and playgrounds did nothing to prevent a 14-year-old boy from getting murdered Tuesday after a football scrimmage outside Roxborough High School.

The Philadelphia Inquirer

Arms Makers Target Kids to Boost Sales

With gun ownership declining in the United States, manufacturers and industry lobbyists like the NRA are deliberately marketing to children.

Texas Observer

Ohio Supreme Court Justice Expresses Doubt About Appellate Decisions About History in Second Amendment Cases

But wouldn't the arguments in the dissent equally cast doubt on all historical analysis in constitutional cases, or even statutory or common-law cases?

Reason

Where is Times Square?

New York City erects an expansive "sensitive" place in Midtown Manhattan.

Reason

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Reason

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.

Chicago Sun-Times

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.

Reason

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.

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Reason

Bruen Bids Farewell To The Two-Step Test

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

Crikey

The US Supreme Court declares open season on America

The judges now sitting on the highest bench in the US have upended 230 years of jurisprudence, and opened a Pandora’s box on gun laws.

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…

The Atlantic

Don’t Forget the First Half of the Second Amendment

The amendment doesn’t prohibit gun regulations; it demands them.

Salon

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

Reason

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"

Los Angeles Times

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

Talk about a sad coincidence.

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