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The Latest Breaking News from Second Amendment

"Terrifying" court let abusers keep guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling

Salon

"On The Need For Diverse Viewpoints In Biglaw," by David Lat

An excerpt from David Lat's Original Jurisdiction newsletter (and also earlier published by him in the Boston Globe), though the whole thing is much worth reading: On the morning of June 23, the U.S. Supreme Court issued a landmark opinion in New York State Rifle & Pistol Association v. Bruen,…

Reason

Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions.

The Texas Tribune

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Gun Rights in Joe Biden's America: Live With Jacob Sullum, Amy Swearer, and Nick Gillespie

Join Reason on YouTube and Facebook on Thursday at 1 p.m. Eastern for a discussion about the Second Amendment, gun control, and mass shootings.

Reason

"Originalism" will likely kill women

A federal court finds that women's lives are less important than a bizarre misreading of the Second Amendment

Salon

A Federal Judge Says the Ban on Gun Possession by Cannabis Consumers Is Unconstitutional

The government argued that marijuana users have no Second Amendment rights because they are dangerous, unvirtuous, and untrustworthy.

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…

Reason

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Newsom rips Fox News over gun violence

Newsom warns Second Amendment becoming a “suicide pact” as seven people are killed in Half Moon Bay

Salon

Foster Parent Second Amendment Case Sent Back to District Court in Light of Bruen

From yesterday's Seventh Circuit decision in Miller v. Smith, by Judges Joel Flaum, Ilana Rovner, and Michael Brennan: Appellants Darin and Jennifer Miller are both licensed foster home caretakers, and Jennifer Miller is licensed to operate a home day care. Illinois statutes and regulations restrict how the Millers may possess…

Reason

Downstate judge temporarily holsters assault weapons ban — for 865 gun owners and one gun shop

Gov. J.B. Pritzker called the decision in downstate Effingham County “disappointing,” but said he remains confident the courts will uphold the law he signed Jan. 10 banning the sale of assault weapons in Illinois and capping the size of magazines that could be sold.

Chicago Sun-Times

Illinois State Rifle Association files federal lawsuit over state’s assault weapons ban

CHICAGO — Illinois’ flagship gun rights organization on Tuesday filed a federal lawsuit alleging the newly signed state law that prohibits high-powered guns and large-capacity ammunition magazines violates the Second Amendment of the U.S. Constitution.

Chicago Tribune

Illinois weapons ban faces federal suit, mayor proposes CTA bus cams and more in your Chicago news roundup

Today’s update is a 5-minute read that will brief you on the day’s biggest stories.

Chicago Sun-Times

Illinois State Rifle Association files federal lawsuit over state’s gun ban

Chicago Tribune

Gun lobby, stores file federal challenge to assault weapons ban, arguing it violates ‘right to keep and bear common arms’

The Illinois State Rifle Association lawsuit appears to be the first in federal court to challenge Illinois’ new weapons ban, but it is part of a burgeoning legal effort aimed at undoing the new law. Other lawsuits have been filed in state court.

Chicago Sun-Times

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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.”

Reason

Court Rejects Challenge to California's Disclosure of Certain Gun Owner Records to Researchers

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…

Reason

The 3rd Circuit Considers Whether Nonviolent Crimes Justify the Loss of Second Amendment Rights

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

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Tribune News Service

Editorial: Ready, aim, holster your weapon: The Supreme Court must not agree to a radical request to

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…

Reason

Third Circuit Will Consider En Banc Whether Nonviolent Felons Lose Second Amendment Rights

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…

The Texas Tribune

Texas drops fight to prevent 18- to 20-year-olds from carrying handguns in public

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.

Reason

Judge Blocks California Fee-Shifting Statute That Targets Gun Lawsuit Plaintiffs (and Lawyers)

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…

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.

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