EXPLAINED: 5 - The Real Truth

How a US Supreme Court ruling is transforming gun control

As mass killings stoke calls for reform, legal fights over the historical basis for gun rights have gone into overdrive.

Al Jazeera · May 10, 2023

Second Amendment Roundup: An Opening Judicial Salvo in Defense of Illinois' New Rifle Ban

[From the editor: I'm delighted to report that Stephen Halbrook will have a new column here on the blog, Second Amendment Roundup, which will offer a technical focus on recent Second Amendment cases. Halbrook is both a prominent gun rights lawyer and a leading legal scholar: He argued Printz v.…

Reason · Mar 13, 2023

Founding fathers didn’t own AR-15s or large capacity magazines, Pritzker and Raoul argue in defense of ban

Illinois Attorney General Kwame Raoul filed the brief to answer challenges to the assault weapon ban, arguing the nation’s founding fathers owned guns that could only shoot a single shot before reloading — proving assault weapons weren’t in “common use” at the time.

Chicago Sun-Times · Mar 3, 2023

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.”

Chicago Sun-Times · Jan 13, 2023

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 · Dec 16, 2022

Analogical Reasoning and the Second Amendment

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

Reason · Dec 16, 2022

Should Courts Appoint Historians as Experts in Second Amendment Cases?

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

Reason · Dec 15, 2022

Did the Fourteenth Amendment Alter the Meaning of the Second Amendment?

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

Reason · Dec 14, 2022

"Plain Text"

When the Second Amendment's plain text covers conduct, it is presumptively protected.

Reason · Dec 13, 2022

America's Rifle

The AR-15 is protected by the Second Amendment.

Reason · Dec 12, 2022