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Prohibited Persons

New Essay on Firearm Prohibitor Ambiguities in North Carolina

Posted by on June 11, 2021

For a local angle this morning, I’m highlighting a new essay on the ambiguities surrounding firearm prohibitions for domestic violence related offenses in North Carolina. It’s a short but interesting piece–check it out! Lanie Summerlin, “May be Unlawful”: Ambiguities Surrounding Federal and State Limits on Firearm Possession by Domestic Abusers in North Carolina, 9 Wake […]

Petitions Challenging the Federal Prohibitors & More Scholarship Skepticism

Posted by on April 2, 2021

At its conference two weeks from today, the Supreme Court is scheduled to consider whether to accept review in two as-applied challenges to the federal felon prohibitor. In Flick (which we’ve covered here and here), the Eleventh Circuit basically foreclosed as-applied challenges. In Holloway (which we’ve covered here and here), the Third Circuit—one of the […]

An As-Applied Exception to the Domestic Violence Prohibitor?

Posted by on March 10, 2021

In the federal courts of appeals, judges have been increasingly confronted with constitutional challenges to the federal laws that prohibit particular classes of people from possessing firearms. Federal law currently bars nine categories: A person with a conviction for an offense that carries a possible punishment of more than one year in prison A fugitive […]

Scholarship Highlight: New Student Note Questioning the Felon Prohibitor

Posted by on March 5, 2021

In a new student note in the Duke Law Journal (where I have fond memories of student writing from working as a notes editor many years ago), Zach Sherwood argues for re-thinking the scope of the federal bar on firearm possession for those with a prior felony conviction. The abstract is below and the full note […]

Lange & The Implications for Second Amendment Challenges to the Felon Prohibitor

Posted by on March 3, 2021

Earlier this week, the Supreme Court heard oral arguments in a Fourth Amendment case, Lange v. California. The case concerns the Fourth Amendment’s “hot pursuit” exception to the ordinary warrant requirement for entry into a home. One of the key questions that split the various parties in the case was how and whether the difference […]

The Next Big Second Amendment Case?

Posted by on February 19, 2021

Today, at its weekly conference, the Supreme Court will consider whether to grant review in McGinnis v. United States. In the case, Eric McGinnis challenges his conviction under 18 U.S.C. § 922(g)(8) for possessing a firearm while subject to a protective order. Both Darrell and I have previously blogged about the case after the Fifth […]

Carrying While Committing Crimes

Posted by on February 3, 2021

Last December, the Kansas Court of Appeals issued an interesting unpublished opinion in Bader v. Concealed Carry Licensing Unit. The dispute concerned Ryan Bader’s claim to a concealed carry handgun license. The state’s Concealed Carry Licensing Unit (CCLU) denied Bader a license because he had previously been convicted of attempted robbery, though Bader had the […]

Cert Petition Highlight: Flick v. Rosen

Posted by on January 8, 2021

In addition to the several other Second Amendment challenges recently filed at the Supreme Court, a new one was filed in the last days of 2020 and just docketed earlier this week: Flick v. Rosen. Like a couple of the other petitions, Flick involves an as-applied challenge to the felon prohibitor. But unlike at least one of […]

Working Out Rehaif Errors

Posted by on December 23, 2020

In Rehaif v. United States, the Supreme Court clarified what the government must prove to secure a conviction under 18 U.S.C. § 922(g), which criminalizes gun possession for certain classes of people. Prior to Rehaif, most courts had held that the government only had to prove that a person knowingly possessed a weapon that had […]

Reading the Second Amendment SCOTUS Tea Leaves

Posted by on December 16, 2020

On Monday, the Supreme Court denied cert in Torres v. United States, the first case that presented a direct Second Amendment issue since Justice Amy Coney Barrett joined the Court. Torres raised the question of whether 18 U.S.C. § 922(g)(1)—which categorically forbids those with felony convictions from possessing firearms—can be challenged on an as-applied basis. […]