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Litigation Highlight: Indiana Federal Judge Rejects Challenge to Federal Serial-Number Law

Posted by on January 30, 2023

On December 15, Senior District Judge Robert Miller of the Northern District of Indiana issued an opinion in United States v. Reyna rejecting a Second Amendment challenge to 18 U.S.C. § 922(k)—the federal prohibition on possessing a firearm with a removed, obliterated, or altered serial number.  The decision is notable, especially when compared to an […]

Litigation Highlight: District Judge Issues Temporary Restraining Order of Certain Portions of New Jersey’s Sensitive-Places List

Posted by on January 27, 2023

On January 9, District Judge Renee Bumb issued a decision in Koons v. Reynolds granting a temporary restraining order of certain sensitive-places prohibitions in New Jersey’s newly-enacted gun law.  That law was enacted in late December in response to Bruen, and among other things it designated a lengthy list of sensitive places where guns are […]

Litigation Highlight: Tennessee Judge Upholds Federal Felony-Indictment Ban and Notes Outstanding Post-Bruen Questions

Posted by on January 19, 2023

On November 16, Judge Aleta Trauger of the Middle District of Tennessee issued a decision rejecting a Second Amendment challenge to 18 U.S.C. § 922(n), which prohibits receipt of a firearm while under felony indictment.  Judge Trauger first summarized Bruen and its doctrinal framework.  She observed that: The modern world is different from the world […]

Litigation Highlight: Rhode Island Federal Judge Rejects Challenge to State’s Large-Capacity Magazine Ban

Posted by on December 28, 2022

In a December 14 decision in Ocean State Tactical v. Rhode Island, District Judge John J. McConnell, Jr. denied a motion to preliminarily enjoin Rhode Island’s recent statutory prohibition of “Large Capacity Feeding Devices,” or LCMs.  The Rhode Island law, which was passed and became effective in June, bans the possession of magazines that are […]

Litigation Highlight: Federal Judge Denies New York’s Motion for Remand of State-Law Claims Against “Ghost Gun” Manufacturers

Posted by on December 16, 2022

On December 8, District Judge Jesse Furman of the Southern District of New York denied New York state’s motion for remand in New York v. Arm or Ally, LLC et al., a case brought by the state against manufacturers of “‘unfinished’ firearm frames and receivers that can be quickly and easily converted into functional firearms.”  […]

Litigation Highlight: Federal Judge Rejects Challenge to Oregon’s Ballot Measure 114, but the Measure is Enjoined by a State Court

Posted by on December 14, 2022

On December 6, a federal judge in the District of Oregon denied a motion for a TRO and preliminary injunction of Oregon’s Ballot Measure 114, a ballot initiative that narrowly passed in the November election.  Measure 114 enacts a permit-to-purchase requirement, mandates safety training, fingerprinting, and a criminal background check to obtain a gun permit, […]

Litigation Highlight: Judge Finds Challenge to Fee-Shifting Provision of New California Law is Not Moot

Posted by on December 9, 2022

On December 1, Judge Roger Benitez[1] of the Southern District of California ruled in Miller v. Bonta that a challenge by gun dealers and gun-rights advocacy groups to the fee-shifting provision in California’s new firearms law is not moot, and permitted the lawsuit to proceed.  California passed S.B. 1327 on July 22.  The law is […]

Litigation Highlight: Ohio Judge Grants Injunction of State Preemption Law in Suit Brought by the City of Columbus

Posted by on December 5, 2022

On November 2, an Ohio state trial court judge granted a preliminary injunction of the state’s firearms preemption statute, in a lawsuit brought by the city of Columbus.  Ohio’s “firearms uniformity law” was amended in 2018, over the governor’s veto, to both preempt additional municipal actions that might “interfere with the fundamental individual right” protected […]

Bruen, Private Property & the Second Amendment

Posted by on December 2, 2022

In the decade and a half since Heller, there has been a considerable amount of scholarship and litigation about the spaces where the Second Amendment extends. Bruen settled some of those questions by granting a right to publicly carry with no showing of need. And it suggested there could be permissible restrictions in certain sensitive […]

Litigation Highlight: New York Officials Alleged Ghost Gun Manufacturers Created a Public Nuisance – Now the Settlements Have Started

Posted by on November 23, 2022

On June 29, only six days after the Supreme Court struck down a New York law requiring gun owners to show a special need to carry concealed handguns in public, New York officials filed two civil lawsuits against manufacturers of so-called “ghost guns.” The first lawsuit was filed by the state attorney general, Letitia James, […]

Guns on Campus Post-Bruen

Posted by on November 21, 2022

Last Monday, many of us awoke to the terrible news about a shooting at the University of Virginia on Sunday night that left three students dead and two others injured. Another public college not far away, Virginia Tech, was the site of a horrific mass shooting in 2007 that killed 32 people and injured 17 […]

Litigation Update: Antonyuk Round 3; Judge Grants Preliminary Injunction of Large Portions of New York’s Post-Bruen Law

Posted by on November 18, 2022

On November 7, Judge Glenn Suddaby of the Northern District of New York issued a 184-page opinion granting in part and denying in part the plaintiffs’ motion for a preliminary injunction of New York’s post-Bruen gun regulations in Antonyuk v. Hochul.[1]  Judge Suddaby previously analyzed the same plaintiffs’ likelihood of success on these claims in […]

The Coming Clash Between Medical Marijuana and Gun Rights

Posted by on November 7, 2022

On October 28, Delaware Governor John Carney vetoed a bill intended to allow individuals with a valid medical marijuana prescription to possess a gun under state law.  The bill, H.B. 276, would have “ma[de] clear that an individual is not disqualified under Delaware law from possessing a firearm because the individual is a registered qualifying […]

New York Federal Courts Split on How Expansively To Read the Second Amendment

Posted by on November 4, 2022

One of the most wide-ranging challenges to New York’s comprehensive post-Bruen gun regulatory framework was brought in Antonyuk v. Bruen. There, the court struck down many provisions of the new law. I wrote about the court’s ruling for Slate and, as you can tell from the piece, I think the Antonyuk court bungles much of […]

Federal Judge Strikes Down New York’s Ban on Firearms in Places of Worship

Posted by on October 31, 2022

On October 20, a federal judge in the Western District of New York issued a decision in Hardaway v. Nigrelli granting a motion for a temporary restraining order and enjoining New York’s ban on carrying firearms in “any place of worship or religious observation.”  Notably, the decision by District Judge John Sinatra reached an opposite […]

Federal Judge Rejects Challenge to California’s “Ghost Gun” Regulations

Posted by on October 28, 2022

After a hearing on October 24, a federal judge in the Central District of California issued an order denying a motion for preliminary injunction of two California statutes that regulate self-manufactured firearms, or ghost guns.  The judge’s order adopted the legal analysis in an 11-page tentative ruling issued on October 21. The case, Defense Distributed […]

Tennessee State Court Strikes Down Public Housing Complex’s Gun Ban

Posted by on October 21, 2022

In an 8-page decision issued on October 13, the Tennessee Court of Appeals ruled in Columbia Housing v. Braden that the landlord of a public housing complex cannot prohibit tenants from keeping firearms in their residences because this “prohibition . . . is an unconstitutional lease condition.”  The decision, which is consistent with at least […]

Federal Judge Strikes Down Prohibition on Possessing Guns with Removed or Altered Serial Numbers

Posted by on October 17, 2022

In an October 12 opinion, a federal judge in the Southern District of West Virginia struck down as unconstitutional 18 U.S.C. § 922(k), the federal ban possessing or receiving “any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered.”  In the same opinion, the judge rejected a challenge to the […]

Antonyuk Round 2: Federal Judge Restrains Enforcement of Much of New York’s Post-Bruen Gun Law

Posted by on October 10, 2022

On October 6, Judge Glenn T. Suddaby of the Northern District of New York issued a decision partially granting a request for a temporary restraining order of New York’s revised gun law (the Concealed Carry Improvement Act, or CCIA).  The CCIA was passed on July 1, about a week after Bruen, and took effect on […]

Stickley v. Winchester, State Analogues, and the Folly of Narrow Historical Focus

Posted by on October 7, 2022

On September 27, a Virginia state trial court granted a motion for preliminary injunction of certain provisions of the city code of Winchester, Virginia that made it unlawful to possess guns in city buildings, public parks, recreation or community centers, and public roads, sidewalks, or other locations used for or adjacent to permitted public events.  […]

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 […]

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