The Statute of Northampton of 1328 remains central to the current debate surrounding the limits and protections the Second Amendment provides to carry arms in public.[1] The Statute provided that “no man great nor small, of what condition soever he be, except the king’s servants in his presence…come before the King’s justices, or other of […]
Mister Saturday Night Special / Got a barrel that’s blue and cold / It ain’t good for nothing but puttin’ men six feet in a hole “Saturday Night Special,” Lynard Skynyrd, 1975 Today, reference to a “Saturday Night Special” is rarely heard outside of old films or perhaps among vintage firearms enthusiasts. Rather than a […]
On June 22, the Ninth Circuit heard oral arguments in Duncan v. Bonta. The bulk of the arguments regarded the challengers’ claim that California’s large capacity magazine (LCM) ban violates their second amendment rights. Judge Paul Watford, however, focused on their takings claim, training all six of his questions to both sides on the subject. […]
As interpreted by the Supreme Court in Heller, the Second Amendment protects arms that are in common use by law-abiding citizens for lawful purposes. Yesterday, an en banc panel of the Ninth Circuit heard oral arguments in Duncan v. Bonta, a Second Amendment challenge to California’s ban on ammunition magazines that hold more than 10 […]
Today I’m highlighting further thoughts on Miller v. Bonta, the California federal court decision striking down the state’s assault weapons ban, which I’ve written on several times already last week–here and here. This time, the analysis comes from my Duke Law colleague Charles J. Dunlap Jr., the former deputy judge advocate general of the United States […]
In yesterday’s post, I unpacked the court’s decision in Miller v. Bonta, striking down California’s assault weapons ban. In today’s post, I look at the case with a more critical eye. I first focus on matters of doctrine and then turn to style. As a doctrinal matter, I see three important aspects to the case: […]
Last week, in Miller v. Bonta, Judge Roger T. Benitez of the United States District Court for the Southern District of California, struck down California’s assault weapons ban as unconstitutional under the Second Amendment. In today’s post, I’ll describe the doctrinal and theoretical moves the opinion makes, and tomorrow’s post will provide further analysis and […]
A few new student notes about firearms law have been published recently or will be soon. Once again, it’s great to see the field growing! Danny Li, The First Amendment Weaponized: When Guns Become Public Discourse, William & Mary Bill of Rights. J. (forthcoming) Here’s the Abstract: This Article discusses First Amendment challenges asserted against […]
Earlier this week, in Vermont v. Misch, the Vermont Supreme Court rejected a state constitutional law challenge to the statutory prohibition on magazines that hold more than 10 rounds of ammunition for long guns and 15 rounds for handguns. Yesterday, the Ninth Circuit voted to grant rehearing en banc in a Second Amendment challenge to […]
On his campaign website, President-Elect Joe Biden lists several of his administration’s priorities for firearm regulation. Since the actual policy proposals are not spelled out in depth, it is hard to evaluate the precise details of his plan. And, of course, the ones that require congressional action are much less likely to pass if the […]
