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SCOTUS Gun Watch, Episode 8

Posted by on December 9, 2019

This post-NYSRPA week saw some more action at the Court. No new grants or orders in NYSRPA—though it’s possible we may get more orders on Tuesday this week. But the Supreme Court did deny cert in two pending petitions on the chart below, one of which was surprising to me. In that case, Medina v. […]

Center Media Roundup

Posted by on December 6, 2019

This past week was a whirlwind for the Center. Center leadership talked with more than a dozen media outlets about the Supreme Court’s first substantive return to the Second Amendment in nearly a decade. Here’s a roundup of the Center’s commentary this past week on NYSRPA: Miller discusses gun case before the Supreme Court and […]

The “Text, History, and Tradition” Alternative

Posted by on December 5, 2019

I’ve written previously about the surprising agreement among courts of appeals interpreting and applying the Second Amendment. They all agree, for instance, that the standard two-part framework is the best way to analyze Second Amendment challenges. Under that framework, the first question is whether the challenged law burdens conduct protected by the Constitution; if it […]

SCOTUS Gun Watch, Episode 7

Posted by on December 4, 2019

The big recent news from the Supreme Court on guns is, of course, the oral argument in NYSRPA that happened on Monday morning. We’ve had some initial analysis of that argument, and will have some more later on. For now, I’m updating the SCOTUS Gun Watch with other pending petitions and a new one. As […]

Why Regulate Guns?

Posted by on December 3, 2019

[This post by Reva Siegel and Joseph Blocher was originally published on the Take Care blog on 12/2 and and is cross-posted there.] The Supreme Court is about to hear argument in its first major Second Amendment case in nearly a decade. The regulation in New York Rifle & Pistol Association v. New York (NYSRPA), which restricted transport of […]

Quick Reactions from NYSRPA Oral Arguments

Posted by on December 2, 2019

After reading the NYSRPA transcript and hearing the insights from numerous veteran Court watchers, I have some initial reactions to oral argument today. First, as expected, the overwhelming majority of time during argument was spent on the question of mootness. That could have been a function of the vociferousness with which the left-leaning justices attacked […]

What to Watch: New York State Rifle & Pistol Association vs. City of New York

Posted by on December 2, 2019

This morning, the Supreme Court will hear argument in NYSRPA, the Second Amendment challenge to a now-repealed New York City rule that prohibited individuals holding a premises license from taking their gun outside of the City (with limited exceptions). It is the first oral argument in a Second Amendment case since March 2, 2010. When NYSRPA […]

The 90th Anniversary of NRA’s First Guiding Legislative Policies and the Implications for NYSRPA v. City of New York

Posted by on December 1, 2019

Ninety years ago today, in the December edition of American Rifleman, the National Rifle Association (NRA) published the editorial “Merry Christmas—And Gun Laws.” The editorial’s anniversary is noteworthy for two reasons.  First, its publication marked the first time that the NRA provided guidance as to the types of firearms legislation the organization would and would […]

New NICS Case: Snyder v. United States, Part II

Posted by on November 27, 2019

A previous post explained how Steven Leroy Snyder failed his firearm purchase background checks on three occasions, but he passed the same background check when he renewed his concealed carry permit around the same time. He pursued both administrative remedies with the FBI to challenge the gun purchase denials and correct whatever inaccurate information was […]

New NICS Case: Snyder v. United States, Part I

Posted by on November 26, 2019

A recent federal district court decision from Washington State, Snyder v. United States, highlights the complex interplay of gun rights and the background check bureaucracy.  The October 30 decision brings together several areas of Administrative Law – judicial recourse (available relief) for adverse agency actions, cooperation and split responsibility between state and federal agencies, administrative […]