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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 […]

SCOTUS Gun Watch – Week of 3/1/21

Posted by on March 1, 2021

This week we’re adding a new case to the list: Libertarian Party of Erie County v. Cuomo. The cert petition filed last month, and just docketed last week, challenges New York’s pistol permit licensing scheme on Second Amendment grounds. The petition is quite colorful, including eight questions presented and one that asks simply “Can courts […]

Litigation Highlight: Vermont Supreme Court Upholds Magazine Limit

Posted by on February 26, 2021

Earlier this week, in Vermont v. Misch, the Vermont Supreme Court rejected a state constitutional law challenge to the statutory prohibition on magazines that hold more than 10 rounds of ammunition for long guns and 15 rounds for handguns. Yesterday, the Ninth Circuit voted to grant rehearing en banc in a Second Amendment challenge to […]

Upcoming C-SPAN Programs on the Second Amendment

Posted by on February 24, 2021

Starting tonight, CSPAN is airing past events on the Second Amendment in a marathon session. The schedule is here and below is a description of the events, including ones with Darrell as well as other experts who have appeared on this blog and at Center events: Saul Cornell, Patrick Charles, and Brannon Denning, and Adam […]

SCOTUS Gun Watch – Week of 2/22/21

Posted by on February 22, 2021

Last week, I noted that McGinnis could be the next big Second Amendment case. But this morning the Supreme Court denied cert in the case. And there were no noted dissents from that decision. I suspect that the denial was a combination of factors, including that the petitioner was not too sympathetic and the substantive […]

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 […]

Scholarship Highlight: Recent Student Law Review Notes

Posted by on February 17, 2021

The last several weeks have seen several new student notes published on topics related to the Second Amendment and firearms law. Unfortunately, it doesn’t seem that they’re all available publicly, but it is still great to see such direct engagement with this burgeoning field of law. Clare Curran, Walmart and Guns: A Case Study in […]

SCOTUS Gun Watch – Week of 2/15/21

Posted by on February 15, 2021

One pending Second Amendment cert petition that I had overlooked (thanks to an observant reader for pointing it out!): McGinnis v. United States. It’s a direct Second Amendment challenge to 922(g)(8), the federal law barring firearm possession for those subject to certain types of restraining orders. And it’s heading to conference this Friday! That leaves […]

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 Guns at the Polls: What Does the Second Amendment Have To Say?

Posted by on February 10, 2021

Among the drama of this past election cycle was a flurry of debate over the question of whether Michiganders could carry their guns to the polls. On October 16, 2020, the Michigan Secretary of State issued a directive prohibiting the open carry of firearms at or within 100 feet of polling places on election day. […]