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The Latest Breaking News from Heller

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

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

Reason

Much Ado About Chevron.

How much will actually change after Loper Bright?

Reason

SEC v. Jarkesy: A Win for the Separation of Powers and the Right to Civil Jury Trial

The Supreme Court held today that the Seventh Amendment right to a civil jury trial in fraud cases was violated when an administrative law judge of the S.E.C. decided the case.

Reason

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Some Takeaways from Today's Rahimi Second Amendment Opinions

A few practical thoughts for future cases (all bold emphasis added): [1.] The Court solidly accepts (with only Justice Thomas dissenting) that "the Second Amendment permits the disarmament of individuals who pose a credible threat to the physical safety of others," at least after a judicial finding of such threat.…

Reason

Second Amendment Roundup: Bump Stocks are not Machineguns

The Supreme Court’s Cargill ruling has broad implications.

Reason

Second Amendment Roundup: Just in Time for the Supreme Court to Consider in Rahimi

The Ninth Circuit invalidates the felon gun ban for non-violent offenses with no Founding-era analogues.

Reason

Second Amendment Roundup: ATF redefines "engaged in the business"

Agency pushes the envelope to require gun dealer licenses beyond the statute.

Reason

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Second Amendment Roundup: A Double Shot of Oral Arguments

“Large-capacity” magazines and semiautomatic rifles are “bearable arms” in common use, no different from the handguns in Heller, but will two en banc courts agree?

Reason

Second Amendment Roundup: Delaware's "Assault Weapon" Ban Argued in 3rd Circuit

Likelihood of prevailing on a constitutional claim may suffice for a preliminary injunction.

Reason

Teaching Constitutional Law in a Crisis of Judicial Legitimacy

The real crisis seems to be in academia, not at the Court

Reason

Second Amendment Roundup: D.C.'s Magazine Ban Argued Again in D.C. Circuit

It was déjà vu, but this time post-Bruen.

Reason

Second Amendment Roundup: The Hawai'i Supreme Court Overrules Bruen

Not really, it was only wishful thinking.

Reason

Hawaii's Supreme Court Insists There Is No Individual Right to Arms

Rejecting a challenge to the state's strict gun laws, the court is openly contemptuous of Second Amendment precedents.

Reason

In today's gun rights cases, historians are in hot demand. Here's why

The Supreme Court has made history a central test of whether a gun control law is constitutional. That has meant a boom in demand for gun law historians, who are digging up forgotten old gun laws.

WEKU

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Reason

Colorado Supreme Court Rules Trump is Ineligible for the Presidency Under Section 3 of the 14th Amendment

The Colorado court got this issue right. The case is now likely headed to the US Supreme Court.

Reason

Supreme Court Roundup: Not all History is Created Equal

Bruen directs the proper approach to historical analogue laws in Rahimi.

Reason

Second Amendment Roundup: "Do as I Say, Not as You Ruled"

Merrick Garland tells Supreme Court to apply his new, vague test, not Bruen decision.

Reason

New Article: The General Law Right to Bear Arms

with implications for the pending Supreme Court case of United States v. Rahimi

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Reason

It's Hard To See How the 9th Circuit Can Manage To Uphold California's 'Assault Weapon' Ban

The appeals court is reviewing an injunction by a judge who concluded that the law is inconsistent with the Supreme Court's Second Amendment precedents.

Reason

On Guns, Drugs, and National Security, Dianne Feinstein Was Consistently Authoritarian

The late California senator always seemed to err on the side of more government power and less individual freedom.

Motorsport

Four M-Sport Ford Pumas set to tackle WRC Rally Chile

M-Sport's WRC2 driver Munster had been tipped to receive a Rally1 outing this season, with the Belgian-born driver now set to take over the Puma owned by privateer Jourdan Serderidis, who has been helping the 24-year-old rising star.

Reason

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

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

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…

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