The Latest Breaking News from Second Amendment

“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.”

From Judge Larry Alan Burns' decision today in Doe v. Bonta (S.D. Cal.): Five California registered gun owners have filed suit to prevent Rob Bonta, Attorney General of the State of California, from enforcing a California law that permits the State to disclose their personal identifying information to bona fide…

Because of a misdemeanor welfare fraud conviction, Bryan Range is no longer allowed to own guns.

It was bad enough when, last June, an activist Supreme Court majority that comically calls itself conservative invalidated a century-old New York law restricting the concealed carry of firearms. Now the same majority could use its so-called shadow docket to override a federal appeals court and shoot down the state…

The panel opinion, which has now been vacated (as is always done when the court agrees to hear a case en banc) is here (Range v. Attorney General); here's a quick summary of the result of that panel opinion: Based on history and tradition, we conclude that "the people" constitutionally…

A federal judge ruled earlier this year that a state law banning young adults from publicly carrying handguns is unconstitutional. The state no longer plans to appeal that ruling.

From Miller v. Bonta, decided today by Judge Roger Benitez (S.D. Cal.): "It is cynical." "It is an abomination." "It is outrageous and objectionable." "There is no dispute that it raises serious constitutional questions." "It is an unprecedented attempt to thwart judicial review." Such are the Intervenor-Defendant Governor's expressed views…

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…

In historical inquiry, reasoning by analogy is a commonplace task for any lawyer or judge.

Courts, not “experts,” should say what the law is.

1791, not 1868, is the key date for determining the original understanding of the Second Amendment.