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Hints from Parker Drilling for the Sandy Hook Litigation?

Posted by on June 13, 2019

Earlier this week, the Supreme Court unanimously decided a sleepy statutory interpretation question concerning the Outer Continental Shelf Lands Act. That case, however, may contain clues about how the Court could approach the interpretive question involved in the Sandy Hook litigation over the Protection for Lawful Commerce in Arms Act (PLCAA).

Cert Petitions Update

Posted by on June 12, 2019

Last week, we highlighted the five pending petitions asking the Supreme Court to review gun-related rulings. We’ve got one update, in which the Court denied cert, and one to add to the “watch list.”

Is the Seventh Circuit Quietly “Breaking New Doctrinal Ground”?

Posted by on June 11, 2019

As this blog highlighted last week, the Seventh Circuit in Kanter v. Barr rejected a fraudster’s attempt to have the court declare 18 U.S.C. § 922(g)(1), the felon dispossession statute, unconstitutional as applied to him. It did the same thing last Thursday in Hatfield v. Barr. But did it also upend its normal inquiry?

PLCAA, Sandy Hook, and Appealability

Posted by on June 10, 2019

The Connecticut Supreme Court recently allowed a suit arising from the Sandy Hook shooting to proceed against Remington. In doing so, it rejected Remington’s argument that the Protection for Lawful Commerce in Arms Act (PLCAA) bars the suit. Remington plans to seek U.S. Supreme Court review. But can it seek that review now?

Second Amendment Sanctuary Counties

Posted by on June 7, 2019

“Second Amendment sanctuary counties”—counties that refuse to enforce state regulation of firearms—represent the latest skirmish in the seemingly interminable debates over gun policy in America;  debates that, more often than not, break along geographical, cultural, and political lines:  urban versus rural; blue versus red.

Changed (Judicial) Circumstances

Posted by on June 6, 2019

In a sign that litigants are hoping the changed composition of the Supreme Court—Justice Kavanaugh’s replacement of Justice Kennedy—will lead to reconsideration of some lower court Second Amendment precedents, plaintiffs recently brought a lawsuit challenging Maryland’s requirement that an applicant for a concealed carry permit show a “good and substantial reason” in order to obtain […]

How Many People Were Ever Prosecuted Under the Laws Challenged in Heller, McDonald, and NYSRPA?

Posted by on June 5, 2019

In Heller, McDonald, and now potentially in NYSRPA, the Supreme Court established Second Amendment principles that have been the basis for more than 1,000 Second Amendment challenges in the past ten years. Notably, each of the Supreme Court’s cases involved an outlier law—DC and Chicago were the only notable US cities with handgun bans, and […]

The Other Supreme Court Challenges

Posted by on June 3, 2019

The Supreme Court in January agreed to hear its first Second Amendment challenge after a decade of (relative) silence. But other than New York State Rifle & Pistol Association v. City of New York (NYSRPA), there are—by my count—five other pending petitions asking the Court to review lower courts’ Second Amendment (or related firearms) rulings, […]

The Growth of Second Amendment Scholarship

Posted by on May 31, 2019

Second Amendment scholarship has changed dramatically in its substance, style, diversity, and depth. Many elements of that transformation are hard to quantify, but others—including the sheer increase in volume—are more susceptible to rough-and-ready empirical snapshots.

Dangerous, Unvirtuous Felons and the Scope of the Second Amendment

Posted by on May 29, 2019

In Kanter v. Barr, decided this March, the Seventh Circuit rejected a non-violent felon’s as-applied challenge to 18 U.S.C. § 922(g)(1), which prohibits those convicted of (nearly) all felony offenses from possessing firearms for life. The majority decision, and the dissent, highlight a fraught debate about the historical justification undergirding these types of prohibitions.