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Litigation Highlight: Florida Appeals Court Upholds Broad Preemption Statute

Posted by on April 14, 2021

Last Friday, in DeSantis v. City of Weston, Florida’s First District Court of Appeals reversed a lower court ruling that had invalidated several provisions of Florida’s recently expanded preemption statute. Preemption laws have been in the news a lot lately. The mass shooting in Boulder, Colorado brought attention to a court ruling just days prior […]

SCOTUS Gun Watch – Week of 4/12/21

Posted by on April 12, 2021

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 […]

Event Announcement: The Second Amendment and the State’s Monopoly on Violence

Posted by on April 9, 2021

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 […]

Sixth Circuit Breaks from Other Circuits and Invalidates the Bump Stock Ban

Posted by on April 7, 2021

In a break with other circuits, on March 25 the Sixth Circuit issued a decision  in Gun Owners of America v. Garland, holding that the ATF’s 2019 ban on bump stocks is invalid.  Previously, the DC Circuit and the Tenth Circuit have upheld the ban (more precisely, have rejected preliminary injunctions with opinions that effectively […]

SCOTUS Gun Watch – Week of 4/5/21

Posted by on April 5, 2021

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 […]

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 […]

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 […]

Cert Petition Highlight: The Fundamentality of a Self-Defense Exception

Posted by on March 24, 2021

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 […]