At its conference this Friday, the Supreme Court is going to consider whether to review a number of Second Amendment challenges, including as-applied challenges to the felon prohibitor. And it might consider Corlett again. After the Ninth Circuit’s public carry decision in Young a few weeks ago, there’s almost no doubt the Court is looking […]
We’re very happy to be hosting a panel discussion this coming Monday, April 12th at 12:30p about a timely and important topic with several distinguished experts. The event description and link are below. The Second Amendment and the State’s Monopoly on Violence Many of the recent debates over police violence, the Capitol insurrection, and the […]
The justices considered the public carry case NYSRPA v. Corlett at their conference last week for the second time. But again today’s order list brought more silence. The case might be pushed to another conference, indicating the justices are still considering granting review, or a decision may have been made to deny review but one or […]
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 […]
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 […]
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 […]
In a really interesting cert petition filed last week, the petitioner challenges a state court’s refusal to give a jury instruction on self-defense as violating federal law. In Keahey v. Marquis, this question involves the interplay between the Antiterrorism and Effective Death Penalty Act, which governs (among other things) arguments that a prisoner’s rights were […]
This morning, the Court denied cert in Knowles v. Hart, a Fourth Amendment challenge that questioned whether the presence of a weapon (which the challengers claimed was holstered) could justify deadly force. Although Knowles was not a Second Amendment case, we are always aiming to watch major gun cases, including ones that raise Fourth Amendment […]
It is exciting to see the field of firearms law continue to grow, with new articles each week discussing various aspects of gun laws and the Constitution. Below I highlight the ones that have just recently appeared on Westlaw. Zachary S. Halpern, Under Fire: Evaluating As-Applied Challenges to Disarming the Involuntarily Committed, 62 B.C. L. Rev. E.Supp. […]
Justice Barrett has been on the Supreme Court for coming up on five months, and the Court has yet to accept any Second Amendment cases for review. (It has denied review in at least three challenges directly raising Second Amendment issues.) After Justice Kavanaugh took the bench in 2018, it took only about three months […]
