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 […]
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 […]
10 days after New York passed a set of revised licensing and gun laws post-Bruen (known colloquially as the Concealed Carry Improvement Act, or CCIA), those laws were challenged in federal court. The case is Antonyuk et al. v. Bruen, Docket No. 1:22-cv-00734 in the Northern District of New York. Chief Judge Glenn T. Suddaby […]
Immediately following the Supreme Court’s decision in Bruen striking down New York’s proper-cause permitting standard, New York Governor Kathy Hochul took to Twitter to call the decision “reckless[]” and “outrageous,” and pledged further action “to keep New Yorkers safe.” Just over one week after the decision was issued, on Friday, July 1, New York state […]
The Idaho Supreme Court recently held that the state could be held liable in a wrongful death action for negligently failing to add a name to the database used in gun purchase background checks. In Von Lossberg v. State, the parents of a young man who committed suicide with a gun sued the state, the […]
Missouri enacted what it called a “Second Amendment Protection Act” (SAPA) in 2021. As I’ve written previously about the law, it not only bars state officials’ assistance with the enforcement of federal gun laws, but also purports to nullify some of those laws in the state. The law has faced a number of lawsuits, including […]
In a remarkably interesting decision issued a few weeks back, a federal district court in Kentucky declined to dismiss a lawsuit for wrongful discharge based on Kentucky laws that forbid employers from taking adverse action against employees who store guns in their cars in the company’s lot. In Sheard v. Novo Nordisk, Inc., No. 3:20-CV-152-BJB […]
The Protection of Lawful Commerce in Arms Act (PLCAA), codified at 15 U.S.C. § 7901 et seq., has nearly banished the specter of civil liability for covered gun industry entities. PLCAA was predicated on the claim that gun industry actors, including firearm manufacturers and sellers, were under siege from baseless lawsuits founded on novel legal […]
1. Introduction In 2005, the U.S. Congress bestowed on gun makers and sellers broad immunity from civil lawsuits by enacting the Protection of Lawful Commerce in Arms Act (PLCAA). Congress explicitly based this immunity on the need to protect Second Amendment rights, pitting defenders of those rights against victims of criminal gun violence seeking to […]
Over a recent five week period, $430 million was awarded to victims of gun violence in court cases: a federal judge in Texas ordered the Air Force to pay $230 million to victims of the Sutherland Springs church shooting; the U.S. Department of Justice agreed to pay $127 million to victims of the Parkland High […]
