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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 […]

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 […]

Litigation Highlight: Antonyuk v. Bruen

Posted by on August 19, 2022

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 […]

New York’s Response to Bruen: The Outer Limits of the “Sensitive Places” Doctrine

Posted by on July 13, 2022

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 […]

Von Lossberg v. State: State Liability for Gun Suicides & the Background Check System

Posted by on June 8, 2022

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 Supreme Court Revives Lawsuit Against State Second Amendment Protection Act

Posted by on April 29, 2022

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 […]

A Fascinating New Case on Parking Lot Laws

Posted by on April 22, 2022

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 […]

A New Call to Arms: Rewriting Second Amendment Threats

Posted by on April 13, 2022

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 […]

Public Nuisance Liability and the Irrelevance of the Second Amendment

Posted by on April 12, 2022

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 […]

The Road to The Sandy Hook Settlement

Posted by on April 8, 2022

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 […]