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The Latest Breaking News from Second Amendment

Second Amendment Roundup: The VanDerStok Argument

Whether ATF may criminalize conduct remains the central issue.

Reason

Second Amendment Roundup: Follow ATF into a Political Briar Patch?

27 States target agency overreach in Garland v. VanDerStok.

Reason

Second Amendment Roundup: ATF's Final Rule Implicates the Right to Bear Arms

Its restrictions on self-made firearms are inconsistent with the Nation’s historical tradition of firearm regulation.

Reason

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Second Amendment Roundup: ATF's Wish to Trace More Firearms Doesn't Justify Redefining "Firearm"

In VanDerStok, the Supreme Court will decide if policy trumps statutory text.

Reason

Second Amendment Roundup: Textualism and ATF's Redefinition of "Firearm"

The statutory history of the Gun Control Act cuts in favor of the VanDerStok respondents.

Reason

Second Amendment Roundup: New York's "Good Moral Character" Requirement for Gun Permits

New York City requires a showing of "good moral character" to be issued a rifle and shotgun permit. In Srour… The post Second Amendment Roundup: New York's "Good Moral Character" Requirement for Gun Permits appeared first on Reason.com.

Reason

Kamala Harris Reveals Ownership Of Handgun

Vice President Kamala Harris and 15-year-old Natalie Griffith advocate for responsible gun ownership and stricter gun control laws, emphasizing the need fo...

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Kamala Harris tells Oprah Winfrey that if someone breaks into her house ‘they’re getting shot’: ‘Probably shouldn’t have said that’

‘Please, please don’t make an ad of this video of her and air it in the swing states,’ Biden staffer says

The Independent UK

Judges wrestle with latest Supreme Court gun rights opinion - Roll Call

The Supreme Court’s latest opinion on gun rights has not eliminated the disagreement among judges in those challenges, legal experts say.

Roll Call

Kamala Harris reminded voters she owns a gun during debate. Here’s her stance on the Second Amendment

Harris has repeatedly called for a new assault weapons ban, which would limit access to certain semi-automatic rifles commonly used in mass shootings

The Independent UK

9th Circuit Partly Upholds Injunctions Against Location-Specific Gun Bans in California and Hawaii

The ruling says some restrictions on guns in "sensitive places" are constitutionally dubious but upholds several others.

Reason

How Some Courts are Evading Bruen by Changing its Rules

Lower Courts evading the "plain text" of the Second Amendment

Reason

A Federal Judge Says Carry-Permit Holders Have a Right to Armed Self-Defense on Public Transit

The ruling concludes that the government failed to show an Illinois ban is "consistent with this Nation's historical tradition of firearm regulation."

Reason

Massachusetts Switchblade Ban Overturned on Second Amendment Grounds

The Second Amendment doesn’t protect guns; it protects the human right to self-defense.

Reason

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Reason

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."

The Independent UK

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

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Reason

The History of Bans on Types of Arms Before 1900

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

The Independent UK

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

Reason

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!”

The Independent UK

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

Reason

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…

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