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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Last December, the Kansas Court of Appeals issued an interesting unpublished opinion in Bader v. Concealed Carry Licensing Unit.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. […]

Litigation Highlight: New Second Amendment Cert Petition

Posted by on December 4, 2020

The especially active gun-rights organization, Firearms Policy Coalition, has filed a new cert petition this week in Holloway v. Barr. As we’ve highlighted before on the blog, Holloway is another as-applied challenge to the federal firearm prohibitor. This one (like the Folajtar case from a few weeks ago) takes place in one of the few circuits to […]

The Biden Administration Gun Plan

Posted by on December 2, 2020

On his campaign website, President-Elect Joe Biden lists several of his administration’s priorities for firearm regulation. Since the actual policy proposals are not spelled out in depth, it is hard to evaluate the precise details of his plan. And, of course, the ones that require congressional action are much less likely to pass if the […]

Litigation Highlight: Third Circuit Upholds Felon Prohibitor in Divided Decision

Posted by on November 27, 2020

The question of who gets to keep and bear arms is an issue that Heller left unsettled when it announced an individual right in 2008. Since then, lower courts have generally rejected challenges to the federal law barring felons from possessing firearms. Indeed, courts are unanimous that facial challenges to the law fail, but there […]