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The Latest Breaking News from Second Amendment

Republicans want it both ways: less gun control and Hunter Biden gun charges

Conservative efforts to expand the second amendment are exactly what may help Hunter Biden in court

The Guardian - US

Is Hunter Biden’s gun case a test for the Second Amendment?

A Supreme Court decision expanding gun rights might have set a precent to protect him. But the charges he’s facing are rarely brought, raising questions about the case’s survival, legal experts tell Alex Woodward

The Independent UK

A US governor tried to ban guns amid ‘relentless’ violence. The lawsuits followed swiftly

A spate of violence spurred the New Mexico leader, Democrat Michelle Lujan Grisham, to take drastic and controversial action

The Guardian - US

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Federal Court Blocks N.M. Governor's 30-Day Ban on Gun Carrying in Albuquerque Area

In Wednesday's Nat'l Ass'n for Gun Rights [and companion cases] v. Grisham, Judge David Herrera Urias (D.N.M.) issued a temporary restraining order blocking the ban. The court's reasoning was simple: In Bruen, the Supreme Court held that the Second Amendment generally protects a right to carry arms in most public…

Reason

Second Amendment Roundup: "He's at It Again!"

Merrick Garland proposes ever-more intrusive ATF regulations.

Reason

New Mexico's Governor Suspends the Right To Bear Arms, Saying the Second Amendment Is Not 'Absolute'

Local police officials are leery of enforcing Michelle Lujan Grisham's ban on public carry, which gun rights groups have challenged in federal court.

Reason

Challenge to N.M. Governor's Ban on Public Gun Carry in Albuquerque and Surrounding County

From the motion for a temporary restraining order in Nat'l Ass'n for Gun Rights v. Grisham, filed yesterday in New Mexico federal court (paragraph numbering removed). Governor Grisham issued Executive Order 2023-130 (the "Executive Order") on September 7, 2023…. In the Executive Order Governor Grisham declared that a state of…

Reason

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Free "2023 Supplement" for "Firearms Law and the Second Amendment"

Covering the many developments in 2022-23.

Reason

Gun owners: It's time to stand up

I'm a gun owner and a former MAGA Republican. I have a message for my former tribe: Is this really what you want?

Salon

That School Is Still Treading on Jaiden Rodriguez's Free Speech Rights

The district is still censoring the Gadsden flag patch as well as Second Amendment advocacy, according to FIRE.

Reason

Court Strikes Down W. Va. Law Restricting Property Owners from Asking Visitors About Whether They Have Guns in Their Parked Cars

From yesterday's decision by Judge John T. Copenhaver, Jr. (S.D. W. Va.) in W. Va. Coalition Against Domestic Violence, Inc. v. Morrisey (some formatting changed); note that the court upheld some other provisions of the law, which I discuss in a separate post: In March 2018, the West Virginia Legislature…

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

Without a Diversion Agreement, Hunter Biden Could Go to Prison Under an Arbitrary Gun Law His Dad Supports

Special Counsel David Weiss will face a Second Amendment challenge if he prosecutes the president's son for illegally buying a firearm.

Reason

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Chicago Sun-Times

Gun rights group files lawsuit against newly signed law aimed at ‘unsafe marketing practices’ by firearms makers and sellers

The National Shooting Sports Foundation filed the lawsuit Monday in the Southern District of Illinois, citing both the First and Second amendments to the U.S. constitution.

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

Fifth Circuit's Holds That People Who Use Marijuana Don't Lose Second Amendment Rights (At Least When Sober)

Title 18 U.S.C. § 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance," including marijuana; the ban applies not just while a person is intoxicated, but also while the person is sober. Today's decision in U.S. v. Daniels, written by Judge…

Reason

Second Amendment Roundup: The Supreme Court stays vacatur of ATF regulations.

The 5th Circuit finds plaintiffs likely to succeed in challenging another set of ATF rules that implicate the Second Amendment.

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Reason

Hawaii Butterfly Knife Ban Violates Second Amendment

So the Ninth Circuit held today (Teter v. Lopez), in an opinion by Judge Carlos Bea, joined by Judges Daniel Collins and Kenneth Lee. The butterfly knife, also known as the "balisong," has a disputed origin. Some sources say it originated in France; others, the Philippines. It is anywhere from…

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…

Salon

McConaughey on guns, safe school program

The Texan wants Second Amendment defenders to have real, across-the-aisle conversations

Reason

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

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.

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