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EXPLAINED: 5 - The Real Truth

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 Tribune

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

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

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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.

Reason

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

"Plain Text"

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

Reason

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America's Rifle

The AR-15 is protected by the Second Amendment.

Reason

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

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

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Texas Observer

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.

Reason

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.

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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.

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.

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