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About Andrew Willinger

Willinger is the Center’s Executive Director.  He was previously a litigator at Patterson Belknap Webb & Tyler in New York, where he worked on complex commercial disputes and false advertising and defamation cases.  Willinger was also a law clerk to Judge William L. Osteen, Jr. of the Middle District of North Carolina.

Written by Andrew Willinger

What do Recent Decisions on Federal Group Prohibitions Signal for Heller’s List of Presumptively Lawful Regulations?

Posted by on October 3, 2022

In a September 19 decision in United States v. Quiroz, a judge in the Western District of Texas struck down the federal law barring those under indictment for a felony offense from receiving firearms, finding that the ban “departs from this Nation’s historical tradition of firearm regulation.” One notable aspect of the decision is its […]

SCOTUS Gun Watch – Week of 9/26/2022

Posted by on September 26, 2022

The Supreme Court’s “Long Conference” will take place this Wednesday, September 28.   At the long conference, the justices will consider the many petitions for certiorari filed over the summer as well as remaining earlier-filed petitions.  The odds of a grant of certiorari at the long conference are especially low, if history is any guide.  Many […]

Litigation Highlight: Angelo v. District of Columbia

Posted by on September 21, 2022

In Antonyuk v. Bruen, a district court judge recently suggested in dicta that New York’s list of sensitive places where guns are prohibited is unconstitutional under the standard set forth in Bruen.  I summarized that opinion here, including why its analysis of sensitive places appears inconsistent with Bruen’s directive to reason by analogy to determine […]

Justice Thomas’ Dissent in Voisine and Non-Felon Prohibitions

Posted by on September 19, 2022

As litigators and judges grapple with Bruen’s historical tradition test, one issue that is sure to surface repeatedly is the status of group prohibitions on gun possession.  Notably absent from the list of “presumptively lawful” restrictions in Heller is the federal prohibition on gun possession by those convicted of domestic-violence misdemeanor offenses, codified at 18 […]

How Many States Make Up a Historical Tradition? Emerging-Consensus Doctrine and Lessons from International Law

Posted by on September 16, 2022

Bruen itself is not clear on how many laws, or laws from what time period specifically, are needed to establish a historical tradition of regulation.  The opinion tells us it is “doubtful” that three colonial-era regulations “could suffice to show a tradition of public-carry regulation,” and suggests that laws from the Founding era are accorded […]

SCOTUS Gun Watch – Week of 9/12/22

Posted by on September 12, 2022

We’re well into September, but the Supreme Court remains in summer recess and therefore there are not major updates on any previously-filed cert petitions.  We’re adding a new case to the tracker this week:  Carnes v. United States.  The question presented in Carnes is “[w]hether the government, to establish that the defendant is an ‘unlawful user’ […]

Announcing the Center’s September 23, 2022 Symposium with the NYU Law Review

Posted by on September 9, 2022

We are excited to announce that the Center will co-host a symposium in New York on September 23 in coordination with the New York University Law Review.  The theme is Gun Rights and Regulation after Bruen.   The Supreme Court’s decision in Bruen marked a fundamental shift in Second Amendment law, announcing a new methodology […]

Litigation Update: Antonyuk v. Bruen

Posted by on September 6, 2022

We previously summarized the preliminary injunction briefing in Antonyuk v. Bruen, a challenge to New York’s amended gun laws.  Following a hearing on August 23, Chief Judge Glenn T. Suddaby of the Northern District of New York denied the preliminary injunction motion and dismissed the case for lack of standing in an August 31 decision.  […]

McGraw, the Age of Majority, and the Enduring Relevance of the Second Amendment’s Prefatory Clause

Posted by on September 1, 2022

Jake recently covered the Northern District of Texas decision in Firearms Policy Coalition v. McGraw, which struck down Texas’ ban on the public carry of handguns by those under 21 years old.  In McGraw, the court reasons that the Second Amendment’s reference to a “well regulated militia” means that the amendment must necessarily protect the […]

SCOTUS Gun Watch – Week of 8/29/22

Posted by on August 29, 2022

The Supreme Court’s summer recess continues, without any major new developments or cert petitions on the Second Amendment front.  The four cases that the Court GVR-ed post-Bruen continue to work their way through the lower courts.  The general trend has been to remand these cases back to the district-court level so that those courts can apply […]