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Takings Claims Against Parking Lot Laws After Cedar Point

Posted by on September 10, 2021

Last Term, in Cedar Point Nursery v. Hassid, the Supreme Court found that a California regulation requiring agricultural employers to allow union organizers onto their farms constituted a taking. Noah Levine has a great blog post here about what Cedar Point could mean for takings claims regarding large capacity magazines and other forms of gun-related […]

PLCAA’s Constitutionality: Gustafson v. Springfield

Posted by on August 25, 2021

Yesterday, the Pennsylvania Superior Court sitting en banc heard oral arguments in Gustafson v. Springfield Inc., et al. This is a rehearing en banc in a case in which the original appellate panel became the first court (at least of which I am aware) to declare the Protection of Lawful Commerce in Arms Act (PLCAA) […]

Zoning, Outliers, and the Second Amendment

Posted by on August 20, 2021

Earlier this week, in Drummond v. Robinson Township, the Third Circuit concluded that a Pennsylvania township’s zoning changes plausibly violated the Second Amendment. At issue in the case were two changes that Robinson Township made to the rules governing property on which a shooting range had previously existed and on which a new owner wanted […]

What Convictions Serve as Disqualifiers for Firearm Possession?

Posted by on August 6, 2021

Under 18 U.S.C. § 922(g)(1), most individuals with a criminal conviction that carries a potential term of imprisonment of more than one year are barred from possessing firearms. But there are two fairly large caveats (and a few smaller ones I’ll ignore in this post), one constitutional and one statutory. First, many courts are now […]

On Cedar Point Nursery and Firearm Regulations

Posted by on July 23, 2021

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. […]

Part II: Breaking the Assault Weapon Opinion Down Further

Posted by on June 9, 2021

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: […]

Miller v. Bonta and California’s Assault Weapons Ban

Posted by on June 8, 2021

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 Constitutional Right to Maintain a Private Shooting Range?

Posted by on June 2, 2021

Last week, in Barris v. Stroud Township, a divided intermediate appellate court in Pennsylvania invalidated a local ordinance restricting firearm discharge in the city outside recognized exceptions. That ordinance, citing “the density of the population in the Township of Stroud” found it “necessary that the discharging of firearms be regulated for the protection of the […]

Litigation Highlight: Guns & Speech

Posted by on May 7, 2021

Last week the Supreme Court held oral argument in a case concerning how the free speech rights of public school students interact with school officials’ authority. The Court’s ruling in that case could have implications for a lawsuit working its way through federal court in Wisconsin. On Monday, a district judge in the U.S. District […]

Litigation Highlight: Florida Appeals Court Upholds Broad Preemption Statute

Posted by on April 14, 2021

Last Friday, in DeSantis v. City of Weston, Florida’s First District Court of Appeals reversed a lower court ruling that had invalidated several provisions of Florida’s recently expanded preemption statute. Preemption laws have been in the news a lot lately. The mass shooting in Boulder, Colorado brought attention to a court ruling just days prior […]