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SCOTUS Gun Watch – Week of 4/20/20

Posted by on April 20, 2020

We continue to have quiet on the Court’s gun docket, but it did issue three other opinions this week and announced that it may issue more on Thursday, so the Court’s active. Today the Court also asked for a response in Rodriguez v. San Jose, which challenges a warrantless search/seizure of firearms. “A Supreme Court […]

Covid Gun Litigation Roundup

Posted by on April 17, 2020

There’s been a lot litigation over emergency orders and gun rights in the weeks since we’ve last tackled the issues on this blog. A lot of that litigation dropped off as states that faced the initial wave of lawsuits, like Pennsylvania and New Jersey, modified their orders without any court direction. In fact, Pennsylvania changed […]

NYSRPA & COVID-19

Posted by on April 15, 2020

The Covid-19 pandemic is altering the legal landscape. Emergency orders in many states are facing mounting pressure from civil libertarians and interested litigants. One challenge went all the way to the Supreme Court, but was defused before the justices had to weigh in. There’s no doubt that the Supreme Court’s operations are affected by the […]

SCOTUS Gun Watch – Week of 4/13/20

Posted by on April 13, 2020

No new action at the Court on gun cases in the past week. The Court did announce that it will be hearing arguments telephonically in May, so it’s moving ahead with at least some of its business. We’ll keep our eyes out on the week ahead.

Waiting to Exercise A Fundamental Right

Posted by on April 10, 2020

Brian Frye & Maybell Romero’s new (and endearing) draft, The Right to Unmarry: A Proposal, argues that, “waiting periods, even if well-intended, place a substantial burden on the right to unmarry in a paternalistic and infantilizing fashion.” Similar arguments are made about waiting periods to purchase firearms, though courts have upheld them against Second Amendment […]

The Black Panthers, NRA, Ronald Reagan, Armed Extremists, and the Second Amendment

Posted by on April 8, 2020

In 1967, California codified into law A.B 1591, otherwise known at the Mulford Act.  Sponsored by Oakland assemblyman Don Mulford, A.B. 1591 made it a felony to publicly carry any firearm—either openly or concealed—in public places without a governmental license to do so.  The law came about after the events of May 2, 1967, when […]

SCOTUS Gun Watch – Week of 4/6/20

Posted by on April 6, 2020

No new action at the Court on gun cases in the past week or in the orders and opinions issued this morning. We’ll keep our eyes out on the week ahead.

Incidental Burdens in a Pandemic

Posted by on April 6, 2020

Nationwide, state and local officials have issued emergency orders closing vast sectors of the economy in order to prevent the spread of coronavirus.  Gun rights advocates have responded with lawsuits claiming, inter alia, that the Second Amendment exempts them from these orders.  Their argument, in essence, is that the right to keep and bear arms […]

An Alternative Answer in NYSRPA

Posted by on April 3, 2020

[This discussion from Joseph Blocher and Reva Siegel is cross-posted from Oral Argument 2.0] New York State Rifle & Pistol Association Inc. v. City of New York No. 18-280 – Argued December 2, 2019 At Issue Whether a New York City rule banning the transportation of a licensed, locked, and unloaded handgun to a home or shooting range […]

Gunpowder, Plague, and Tradition

Posted by on April 2, 2020

In 1720, writer and self-designated medical expert Joseph Browne published his A Practical Treatise of the Plague, in which he extolled the benefits of the “firing of Guns, especially Cannon” to “purify” an atmosphere laden with pestilence.  In recommending this approach, Browne had significant company.  It appears that igniting gunpowder had been the folk medicine […]