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EXPLAINED: 5 - The Real Truth

The legal history of bans on firearms and Bowie knives before 1900

Bowie knives are back in constitutional law news these days, after a very long absence. The U.S. Supreme Court's Bruen decision instructs lower courts to look to U.S. legal history to see what sorts of restrictions on Second Amendment rights are consistent with the mainstream American legal tradition. According to…

Reason

Second Amendment Challenge to University of Michigan Gun Ban

In today's Wade v Univ. of Michigan, the Michigan Supreme Court sent a challenge to the University of Michigan's gun ban back to the Court of Appeals, for consideration in light of N.Y. State Rifle & Pistol Ass'n v. Bruen. The Court didn't issue an opinion, but Justice David Viviano…

Reason

Preliminary injunction against New York bans on licensed carry

Gun Owners of America prevail in Antonyuk v. Hochul

Reason

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N.Y. Law Banning Gun Carrying in Churches (Including by People Authorized by the Church) Struck Down

From Hardaway v. Nigrelli, decided yesterday by Judge John L. Sinatra, Jr. (N.D.N.Y.): Eight days after the Supreme Court struck down New York's unconstitutional "proper cause" requirement for conceal-carry licenses, the State responded with even more restrictive legislation, barring all conceal-carry license holders from vast swaths of the State. The…

Reason

Requirement of Serial Numbers on Guns Violates Second Amendment

From U.S. v. Price, decided yesterday by Judge Joseph R. Goodwin (S.D. W. Va.): Section 922(k) states, in pertinent part, It shall be unlawful for any person knowingly to transport … in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or…

Reason

Editorial: The shooting at Roxborough High and the absurd state law that limits local gun safety measures

It should come as no surprise that Philadelphia Mayor Jim Kenney's executive order banning guns and other deadly weapons at city recreation centers and playgrounds did nothing to prevent a 14-year-old boy from getting murdered Tuesday after a football scrimmage outside Roxborough High School.

The Philadelphia Inquirer

Arms Makers Target Kids to Boost Sales

With gun ownership declining in the United States, manufacturers and industry lobbyists like the NRA are deliberately marketing to children.

Texas Observer

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The Supreme Court's Ruling in Bruen Was a Big Win for Gun Rights

You don't have to prove to a government official that you have “proper cause” to exercise your constitutional right, the Court ruled.

Reason

Ohio Supreme Court Justice Expresses Doubt About Appellate Decisions About History in Second Amendment Cases

But wouldn't the arguments in the dissent equally cast doubt on all historical analysis in constitutional cases, or even statutory or common-law cases?

Reason

Where is Times Square?

New York City erects an expansive "sensitive" place in Midtown Manhattan.

Reason

Third Circuit Sends Down to District Court the Second Amendment Challenge to N.J.'s Ban on >10-Round Magazines

The appellate court would leave the matter for the district court to decide in the first instance, subject to appellate review; Judge Matey dissented, arguing that the appellate court should have considered the issue directly.

Reason

Restoring the right to bear arms, New York State Rifle and Pistol Association v. Bruen

Article for Cato Supreme Court Review

Reason

This Lawsuit Says a Recent SCOTUS Decision Makes It Clear That 'Assault Weapon' Bans Are Unconstitutional

The Supreme Court unambiguously rejected the sort of reasoning that a federal appeals court used to uphold New York's ban.

Reason

SCOTUS Vacates 4 Decisions Upholding Gun Control Laws Whose Constitutionality Now Looks Doubtful

The Court told appeals courts to reconsider their conclusions in light of last week's ruling against New York's restrictions on public possession of firearms.

Reason

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Chicago Sun-Times

Judge looks to Supreme Court gun ruling as he weighs whether to shoot down Chicago ban on laser sights

U.S. District Judge Robert Dow Jr. has asked lawyers in a Chicago gun-rights suit to weigh in on whether Justice Clarence Thomas’s majority opinion affects the city’s ban.

Reason

The Limits of Bruen

The Constitutionality of "Shall Issue" Regimes After Bruen.

Reason

Bruen's Originalist Analogical Reasoning Applies A Presumption of Liberty

A new framework for originalist judging.

Reason

Bruen Bids Farewell To The Two-Step Test

The Court abrogated a decade of circuit court precedent, and vitiated mountains of Second Amendment scholarship.

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Reason

SCOTUS Rejects 'Interest-Balancing' Tests That Treated the Second Amendment As a 'Constitutional Orphan'

The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.

Reason

How Should Courts Evaluate Gun Regulations After Bruen?

There's much to be said and debated about the N.Y. State Rifle & Pistol Ass'n v. Bruen opinions, and who got it right. But for now, I want to turn to the practical question: What does Bruen mean for gun laws going forward? Here is my very tentative summary of…

Salon

How the Supreme Court went gun crazy

Antonin Scalia and his disciple Amy Coney Barrett have brought us to madness — and not just on guns and abortion

Reason

A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller

"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"

WEKU

Political realities have stopped legislative action after school shootings

The political climate has changed drastically since a 10-year assault weapons ban passed in 1994. The lack of political will and other barriers stand in the way of it even coming to a vote today.

Los Angeles Times

Jackie Calmes: Buffalo, Laguna Woods and the Supreme Court's radical revision of US history

Talk about a sad coincidence.

Reason

Justice Kavanaugh Is Not Going To Lay A Hand On Employment Division v. Smith

Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.

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