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Bruen, Analogies, and the Quest for Goldilocks History

Posted by on June 28, 2022

On June 23, 2022, the Supreme Court issued its first major Second Amendment decision in a dozen years. In New York State Rifle & Pistol Association v. Bruen, the Court declared New York’s restrictive may-issue licensing law unconstitutional. The 6-3 decision written by Justice Thomas supercharges the Second Amendment and upends a host of settled […]

SCOTUS Gun Watch – Week of 6/27/22

Posted by on June 27, 2022

Last Thursday, the Court issued Bruen, declaring NY’s concealed carry law unconstitutional. We’ll have much more coverage on the blog, starting later this week. Now, we’ll wait to see whether any of the held cases are taken up or sent back to lower courts. Petitions Pending Case Ct. Below Pet. Filed Implicated Law/Issue Status New […]

NYSRPA v. Bruen and the Future of the Sensitive Places Doctrine

Posted by and on June 22, 2022

As we await the Supreme Court’s decision in NYSRPA v. Bruen—which will address the extent to which states can regulate public carry through licensing—the question of whether states can prohibit firearms in specific locations has become increasingly salient. During the Bruen oral argument, the justices posed hypothetical questions as to whether states could restrict firearms […]

SCOTUS Gun Watch – Week of 6/20/22

Posted by on June 20, 2022

It’s coming down to the last few weeks of the Term, and we’re expecting Bruen any day now. When the Court issues Bruen we will also get better insight into whether it plans to send the held cases back down or take one or more of them up. Petitions Pending Case Ct. Below Pet. Filed […]

SCOTUS Gun Watch – Week of 6/13/22

Posted by on June 13, 2022

In its orders last week, the Court denied cert in the McCloskey’s Second Amendment challenge to their state bar discipline. There’s also one new cert petition based on a license revocation in D.C. Petitions Pending Case Ct. Below Pet. Filed Implicated Law/Issue Status New York State Rifle & Pistol Association v. Bruen (20-843) 2d Cir. […]

SCOTUS Gun Watch – Week of 6/6/22

Posted by on June 6, 2022

We’re down to the last few weeks of SCOTUS opinions and awaiting Bruen any day. The Court has 4 cases it is holding pending Bruen as well, so we will likely see what happens to those soon as well—either the Court takes one or all of them up for plenary review or sends them all […]

SCOTUS Gun Watch – Week of 5/30/22

Posted by on May 30, 2022

At its conference last week, the Supreme Court considered whether to hear Duncan, another challenge to a ban on magazines holding more than 10 rounds. The Court will release orders tomorrow from that conference, but I suspect the case will be held like the similar challenge in ANJRPC. And, since the Court didn’t act on […]

Shinn, Jimenez-Shilon, and the Hierarchy of Rights  

Posted by on May 26, 2022

Earlier this week, in United States v. Jimenez-Shilon, the Eleventh Circuit rejected a Second Amendment challenge to the federal law barring undocumented immigrants from possessing firearms. Dru Stevenson will be guest posting about the case on this blog. But I want to highlight a few aspects of Judge Newsom’s majority and separate concurring opinions—and compare […]

SCOTUS Gun Watch – Week of 5/23/22

Posted by on May 23, 2022

At conference last week, the Court considered the cert petition in Bianchi, challenging Maryland’s assault weapons ban. Today’s order list has no mention of the case, which signals the Court is likely holding the case pending the outcome in Bruen. This marks the second case in the category of “what arms are protected” (along with ANJRP) that […]

SCOTUS Gun Watch – Week of 5/16/22

Posted by on May 16, 2022

There weren’t any new cert petitions filed this past week, but in its order list this morning, the Court denied cert in the Cassidy and Turner cases. Petitions Pending Case Ct. Below Pet. Filed Implicated Law/Issue Status New York State Rifle & Pistol Association v. Bruen (20-843) 2d Cir. 17-Dec-20 Challenge to New York’s good […]