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The Latest Breaking News from Second Amendment

Here Is Why a Federal Judge Rejected Hunter Biden's Second Amendment Challenge to His Gun Charges

Likening drug users to people who are "mentally ill and dangerous," the ruling says barring them from owning firearms is not unconstitutional on its face.

Reason

Ninth Circuit Panel Concludes That Some Felons May Have Second Amendment Rights

Today's U.S. v. Duarte, written by Judge Carlos Bea and joined by Judge Lawrence VanDyke, concludes that the Second Amendment protects some felons (at least after the end of their criminal sentences). The majority begins with the principle that: [The Supreme Court's decision in] Bruen instructs us to assess all…

Reason

No Second Amendment or Privacy Right Problem with California Laws Disclosing Firearms Purchaser Information to Certain Researchers

From today's decision in Doe v. Bonta, written by Judge Mary Schroeder and joined by Judges Patrick Bumatay and Salvandor Mendoza: California's DOJ maintains two databases relevant to this case. The first database relates to purchasers of firearms and applicants for CCWs. It is called the Automated Firearm System ["AFS"].…

Reason

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Second Amendment Roundup: ATF redefines "engaged in the business"

Agency pushes the envelope to require gun dealer licenses beyond the statute.

Reason

Second Amendment Roundup: Injunction Against Washington Magazine Ban Stayed Within Minutes

The stay was issued without time to review the opinion and the motion to stay, and without allowing an opposition brief.

Reason

Second Amendment Roundup: A Double Shot of Oral Arguments

“Large-capacity” magazines and semiautomatic rifles are “bearable arms” in common use, no different from the handguns in Heller, but will two en banc courts agree?

Reason

Second Amendment Protects Public Housing Tenants

The public Cortland Housing Authority (near Syracuse) required its tenants not to possess "firearms … or other weapons as defined by the laws and courts of the State of New York" on its property. In Hunter v. Cortland Housing Authority, decided Jan. 30, 2024 (though I somehow missed it), Judge…

Reason

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The Second Amendment and 18-to-20-Year-Olds

From Third Circuit Judge Cheryl Krause's dissent from denial of rehearing en banc yesterday in Lara v. Commissioner; Judges Shwartz, Restrepo, Freeman, Montgomery-Reeves, and Chung also voted to rehear the case en banc, but didn't write an opinion or join Judge Krause's: When they ratified the Second Amendment, our Founders…

Reason

Another Judge Says Illegal Immigrants Have Second Amendment Rights

Some supposed defenders of the right to bear arms react with alarm.

Reason

Biden Decries Criminalization of Cannabis Consumers Even As He Insists They Have No Second Amendment Rights

Hours before the president said "no one should be jailed" for marijuana use, his Justice Department was saying no one who uses marijuana should be allowed to own guns.

Reason

Law Enforcement Trainers File Scotus Amicus Brief against Maryland Rifle Ban

Citizens should be able to choose the same high-quality defensive arms that peace officers choose

Reason

Second Amendment Roundup: Delaware's "Assault Weapon" Ban Argued in 3rd Circuit

Likelihood of prevailing on a constitutional claim may suffice for a preliminary injunction.

Reason

California Violated the Second Amendment by Disarming People Based on Nullified Convictions

A federal judge ruled that three men who committed nonviolent felonies decades ago are entitled to buy, own, and possess guns.

Reason

Second Amendment Roundup: Cargill Bump Stock Argument in Supreme Court

The continuous, manual forward pressure on the handguard precludes “automatic” function.

Reason

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Reason

Urinalysis Requirement for Gun Carry Permit Likely Unconstitutional

So held Nassau County (N.Y.) trial judge James P. McCormack last week in In the Matter of Kamenshchik, applying the Second Circuit's recent decision in Antonyuk v. Chiumento. Antonyuk held (among other things) that "requiring applicants to disclose even pseudonymous names under which they post online imposes an impermissible infringement…

Reason

Second Amendment Roundup: D.C.'s Magazine Ban Argued Again in D.C. Circuit

It was déjà vu, but this time post-Bruen.

Reason

Second Amendment Roundup: The Hawai'i Supreme Court Overrules Bruen

Not really, it was only wishful thinking.

Reason

Hawaii's Supreme Court Insists There Is No Individual Right to Arms

Rejecting a challenge to the state's strict gun laws, the court is openly contemptuous of Second Amendment precedents.

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WEKU

In today's gun rights cases, historians are in hot demand. Here's why

The Supreme Court has made history a central test of whether a gun control law is constitutional. That has meant a boom in demand for gun law historians, who are digging up forgotten old gun laws.

Reason

The 'No Compromise' NRA Is Neither New nor Uncompromising

The book Vote Gun criticizes the NRA’s rhetoric but pays little attention to gun control advocates' views.

Reason

Second Amendment Roundup: Agency "Guidance," Interpretive Regulations, and Chevron

State and federal agencies express views that are thinly-veiled diktats.

Reason

Court Lets First AI Libel Case Go Forward

Georgia Gwinnett County Superior Court Judge Tracie Cason's decision last week in Walters v. OpenAI, LLC simply says that it denies OpenAI's motion to dismiss, and (as is common in many state courts) doesn't offer a detailed explanation. But here's an excerpt from Walters' response to OpenAI's motion to dismiss;…

Reason

9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones

The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.

Top News

DeSantis and Haley clash in fiery gun control town hall

Rhonda Santos and Nikki Haley dance around the issue of gun violence in their town halls, focusing on mental health and Second Amendment rights. Will they ...

The Independent UK

Maine takes on gun debate after deadly Lewiston mass shooting

Lawmakers are looking into revising the state’s ‘yellow flag’ laws, but may face resistance in the strongly pro-Second Amendment state

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