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New York State Rifle & Pistol v. Bruen: The Basics

Posted by on April 28, 2021

On Monday, the Supreme Court granted review in an important Second Amendment case, which sets it up to issue a major decision on the topic for the first time in more than a decade. Below are some answers common questions about the case. What’s the case about? The case–New York State Rifle & Pistol Association […]

Scholarship Highlight: New Student Notes on Guns

Posted by on April 23, 2021

A few new student notes about firearms law have been published recently or will be soon. Once again, it’s great to see the field growing! Danny Li, The First Amendment Weaponized: When Guns Become Public Discourse, William & Mary Bill of Rights. J. (forthcoming) Here’s the Abstract: This Article discusses First Amendment challenges asserted against […]

Litigation Highlight: Young Adults Carrying Firearms

Posted by on April 21, 2021

In Lara v. Evanchick, Judge William Stickman IV, a recent Trump appointee on the federal district court for the Western District of Pennsylvania, upheld last week the state’s licensing law and open carry restrictions as applied to 18-20 year-olds.  Under Pennsylvania law, only those over 21 are eligible to obtain the necessary license to carry a […]

Judging the Ninth Circuit’s Use of History in Young v. Hawaii

Posted by on April 16, 2021

Since the Ninth Circuit Court of Appeals issued its en banc decision in the much-anticipated Second Amendment outside the home case Young v. Hawaii, there has been a parade of critical commentary from gun rights circles. Gun Owners of America Senior Vice President Erich Pratt described the decision as both embodying a hypocritical “‘guns for […]

New ABA Resolution: Opposition to Guns in Polling Places

Posted by on March 31, 2021

In late February 2021, the American Bar Association adopted Resolution 21M111, “Opposition to Guns In Polling Places,” which is short enough to insert as a single block quote: RESOLVED, That the American Bar Association urges federal, state, local, territorial, and tribal governments to enact statutes, rules and regulations to prohibit the possession and display of […]

SCOTUS Gun Watch – Week of 3/29/21

Posted by on March 29, 2021

Last Wednesday, the Ninth Circuit issued its ruling in Young v. Hawaii, which upheld Hawaii’s permitting scheme requiring a person to prove a heightened need for self-defense in public to secure a permit to openly carry a handgun. At its conference last Friday, the Supreme Court considered the cert petition in New York State Rifle […]

En Banc Ninth Circuit Upholds Hawaii Public Carry Law

Posted by on March 26, 2021

Did the Ninth Circuit just limit the Second Amendment right to the home? That’s the first question I asked myself after reading the en banc decision in Young v. Hawaii, issued this past Wednesday. In a wide-ranging opinion spanning more than 100 pages, conservative George W. Bush appointed Judge Jay Bybee wrote for a 7-4 […]

New Center Event Video: Policing the Second Amendment

Posted by on February 12, 2021

I’m very happy that the video is now available from our terrific discussion last fall with Jennifer Carlson on her compelling new book, Policing the Second Amendment: Guns, Law Enforcement, and the Politics of Race. Drawing on local and national newspapers, interviews with close to eighty police chiefs, and a rare look at gun licensing […]

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 […]

Guns Laws, Decatur, and Protecting Black Lives

Posted by on January 20, 2021

I just finished Kathleen Belew’s excellent book, Bring the War Home: The White Power Movement and Paramilitary America, and one story there stuck out to me. It’s a story about racist violence motivating stricter gun regulations with particular resonance for this moment. In 1979, a small group of Black protesters was marching in protest of […]