In the past several weeks, there have been some important Second Amendment cases decided. I examined the Ninth Circuit’s decision on large-capacity magazines last week and offered some thoughts on the reasoning that led the court to strike down CA’s ban. There have also been a few other notable developments. In Association of New Jersey […]
As Joseph and I continue editing our forthcoming article on Extreme Risk Protection Order laws–and how these laws can withstand due process challenges–more legal scholarship on these laws is cropping up. Out now is an article raising concerns about the implications of such laws that look to First Amendment protected activity as a factor in […]
As August comes to end, we get that much closer to a new Supreme Court term. In less than a month, the Court will meet for its Long Conference to discuss the accumulating pile of cert petitions. Several firearms law and Second Amendment petitions will be there. Based on the Court’s actions last term, it […]
Yesterday, I wrote about the Ninth’s Circuit’s decision in Duncan v. Becerra, striking down CA’s ban on large-capacity magazines (LCMs). Today I offer a few observations from my reading of the case. First, I think the bulk of the majority’s analysis at step one of the two-part step is helpful and mostly accurate. It’s useful […]
Last year a federal district court in California became the first federal court to conclude that a ban on magazines holding more than 10 rounds violates the Second Amendment. A few weeks ago, in Duncan v. Becerra, a panel of the Ninth Circuit became the first federal appellate court to do so. Before this decision, […]
The casebook Firearms Law and the Second Amendment: Regulation, Rights, and Policy is used in several law school classes on firearms law. It also functions as a treatise for academics, practitioners, and anyone else interested in this subject. A third edition of the casebook is scheduled to be published next year. Five online chapters spanning […]
[Ed. note: This guest blog post is part of the Center’s Mini-Symposium on papers presented at the 2020 Firearms Law Works-in-Progress Workshop.] The United States Constitution provides citizens with the right to vote and protects “the people” from the infringement of their right to keep and bear arms. As with just about every right or privilege […]
With the Supreme Court in summer recess for another month and a half, more gun cases are piling up for the Court’s discussion at its Long Conference in September. Since the Court denied all the pending Second Amendment cert petitions last Term, a gun case that’s not squarely a Second Amendment challenge—like many of those […]
[Ed. note: This guest blog post is part of the Center’s Mini-Symposium on papers presented at the 2020 Firearms Law Works-in-Progress Workshop.] International state-systems are defined by the sovereign independence of each state and therefore do not permit the targeting of sovereign leaders by fellow member states. Assassinating sovereign leaders has been considered so potentially corrosive […]
Sheila Simon, Assistant Professor of Law at Southern Illinois University School of Law, recently published a fascinating paper about gun sanctuary ordinances – On Target? Assessing Gun Sanctuary Ordinances that Conflict with State Law, 122 W. Va. L. Rev. 817 (2020) – which she was generous enough to discuss with me in our most recent […]