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The Latest Breaking News from Second Amendment

S. Ct. Will Review Whether Second Amendment Allows Disarming of People Subject to Civil Restraining Orders

The Supreme Court just announced that it will consider this issue, in U.S. v. Rahimi; this is unsurprising, since the Court is generally inclined to review cases where a court held that a federal statute was unconstitutional, and where the federal government asks for review. Here's my post from February,…

Reason

Another Judge Chips Away at Laws Barring Felons From Owning Guns

Now both a violent and nonviolent felon have been found by lower courts to have a Second Amendment right to own weapons. The Supreme Court will likely consider the issue in the near future.

Reason

No Right to Lie About Current Indictments on Gun Purchase Form

From U.S. v. Holden, decided Friday by the Seventh Circuit (Judge Frank Easterbrook, joined by Judges Diane Wood and Doris Pryor); seems quite correct to me: "Our legal system provides methods for challenging the Government's right to ask questions—lying is not one of them. A citizen may decline to answer…

Reason

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How 'constitutional county' declarations undermine the Constitution – a legal scholar explains

Declaring its community a “constitutional county” on May 23, 2023, the Board of County Commissioners in Ottawa County, Michigan, voted 9-1 not to enforce any law or rule that “restricts the rights of any law-abiding citizen affirmed by the United States Constitution.”

The Conversation

Originalism in the Lower Courts: Fifth Circuit Panel Invites Amicus Briefs on Second Amendment

"Of particular interest are historical gun regulations applicable to intoxicated or impaired individuals."

Reason

Second Amendment Roundup: Third Circuit Rules Felon Ban Invalid as Applied

Range would be the best § 922(g) case for the Supreme Court to resolve.

Reason

OpenAI is being sued by a Georgia radio host because ChatGPT accused him of a crime he did not commit

The chatbot told a journalist that Mark Walters is being sued for embezzlement. He is not.

PC Gamer

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Gavin Newsom Wants To 'Permanently Enshrine' Gun Control in the U.S. Constitution

California’s governor insists his “28th Amendment” would leave the right to arms “intact.”

Reason

Pot users should not lose their gun rights

The Biden administration says cannabis consumers should not be treated as criminals, but continues to defend a federal policy that punishes them by taking away their Second Amendment rights.

Chicago Sun-Times

Disarming a Man Based on a Nonviolent Misdemeanor Was Unconstitutional, the 3rd Circuit Rules

The decision highlights the injustice of a federal law that bans gun possession by broad categories of "prohibited persons."

Reason

Second Amendment Roundup: Looking for Historical Analogues in All the Wrong Places

California is appealing the injunction against its “Not Unsafe” Handgun Act.

Reason

First (?) Libel-by-AI (ChatGPT) Lawsuit Filed

"Every statement of fact in the summary [provided by ChatGPT] pertaining to [plaintiff] Walters is false."

Reason

Third Circuit Holds That at Least Some Felons Retain Second Amendment Rights

Today's en banc decision in Range v. Attorney General so concludes, in a majority opinion by Judge Hardiman, which got the votes of nine of the fifteen judges. The challenger in this case pleaded guilty in 1995 to making a false statement to obtain food stamps; because this was in…

Reason

How the SCOTUS 'Supermajority' is shaping policy on everything from abortion to guns

Constitutional lawyer Michael Waldman says there's a growing divide between the electorate and the Court: "the country is moving in one direction ... the Court is moving fast in another direction."

WEKU

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Salon

Ex-gun exec on root of US gun violence

Ryan Busse once worked for a major gun-maker. He now warns about the danger of radicalization in the industry

Reason

Hunter Biden, Second Amendment Warrior?

Plus: Flaws in studies linking teen social media use to depression, debt ceiling deal passes Senate, and more...

Reason

"Could Hunter Biden Be the Next Poster Child for Second Amendment Rights?"

An interesting article in Politico (Betsy Woodruff Swan): The president's son is the target of a Justice Department investigation scrutinizing his purchase of a gun in 2018 — a time when he has said he was regularly using crack cocaine. Federal law bans drug users from owning guns. But the…

Reason

Second Amendment Roundup: U.S. Seeking Cert on Prohibited Persons

The Administration is hoping that bad facts will make bad law.

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Reason

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

From today's Wisconsin Court of Appeals summary disposition in Lafferty v. Amundson (decided by Justices Gundrum, Neubauer & Grogan): Brian and Katie Lafferty appeal from a circuit court order rejecting the Laffertys' constitutional challenges to [a] Department of Children and Families Rule, which imposes certain firearm storage requirements for foster…

Reason

New Jersey's Restrictions on Public Gun Possession Are 'Plainly Unconstitutional,' a Federal Judge Says

The state defied a Supreme Court ruling by banning guns from myriad "sensitive places."

Roll Call

Supreme Court declines to block Illinois gun restrictions - Roll Call

The Supreme Court on Wednesday declined to block an Illinois ban on assault weapons and large-capacity magazines.

Reason

Preliminary Injunction Against NJ Ban on Peaceable Carry

Today the U.S. District Court for New Jersey issued a very thorough 230-page preliminary injunction against much of the New Jersey legislature's Bruen response bill. As in the years after Brown v. Board of Education, some state legislatures under the sway of anti-civil rights lobbies have engaged in massive resistance…

Reason

Age Restrictions on Handgun Sales Are Unconstitutional, a Federal Judge Rules

U.S. District Judge Robert Payne concluded that 18-to-20-year-olds have the same Second Amendment rights as older adults.

Salon

Thank Clarence Thomas for gun madness

His Bruen gun rights decision is killing Americans every day

The Independent UK

Virginia judge says law banning sales of handguns to young adults is unconstitutional

A federal judge in Virginia has ruled that a law banning licensed federal firearms dealers from selling handguns to young adults under 21 violates the Second Amendment and is unconstitutional

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