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The Latest Breaking News from Heller

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

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

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This July 4th, our nation needs freedom from unfettered gun violence

According to a new Pew Research Center poll, some two-thirds of Americans expect gun violence to get worse over the next five years. Is that surprising, when our nation has experienced over 300 mass shootings already this year?

Chicago Sun-Times

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

All the Starfield companions and crewmates we've seen so far

Bethesda has said you won't be short for help on this ship; here's who you can recruit to the crew.

PC Gamer

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

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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

Thank Clarence Thomas for gun madness

His Bruen gun rights decision is killing Americans every day

Salon

Supreme Court Roundup: The Supreme Court Should Review and Enjoin the Illinois Gun Ban

On May 1, Justice Amy Coney Barrett directed the State of Illinois and the City of Naperville to respond to the emergency application for injunction pending appellate review filed by the National Association for Gun Rights (NAGR). As I explained in "An Opening Judicial Salvo in Defense of Illinois' New…

Reason

How a US Supreme Court ruling is transforming gun control

As mass killings stoke calls for reform, legal fights over the historical basis for gun rights have gone into overdrive.

Al Jazeera

Second Amendment Roundup: An Opening Judicial Salvo in Defense of Illinois' New Rifle Ban

[From the editor: I'm delighted to report that Stephen Halbrook will have a new column here on the blog, Second Amendment Roundup, which will offer a technical focus on recent Second Amendment cases. Halbrook is both a prominent gun rights lawyer and a leading legal scholar: He argued Printz v.…

Reason

Founding fathers didn’t own AR-15s or large capacity magazines, Pritzker and Raoul argue in defense of ban

Illinois Attorney General Kwame Raoul filed the brief to answer challenges to the assault weapon ban, arguing the nation’s founding fathers owned guns that could only shoot a single shot before reloading — proving assault weapons weren’t in “common use” at the time.

Chicago Sun-Times

How powerful are AR rifles?

About the same as other rifles

Reason

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Reason

The Sources Cited by the Supreme Court in Bruen

Guidance for judicial examination of legal history.

Reason

Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order

Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one…

Chicago Tribune

Illinois’ sweeping firearms ban certain to end up in court, and some experts doubt it will stand

CHICAGO — In his closing remarks before a vote on a sweeping firearms ban, Illinois Senate President Don Harmon pushed back at critics who contended the prohibitions would violate the Second Amendment of the U.S. Constitution.

Chicago Sun-Times

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.”

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Reason

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

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

"Plain Text"

When the Second Amendment's plain text covers conduct, it is presumptively protected.

Reason

America's Rifle

The AR-15 is protected by the Second Amendment.

Reason

The legal history of bans on firearms and Bowie knives before 1900

Bowie knives are back in constitutional law news these days, after a very long absence. The U.S. Supreme Court's Bruen decision instructs lower courts to look to U.S. legal history to see what sorts of restrictions on Second Amendment rights are consistent with the mainstream American legal tradition. According to…

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