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SCOTUS Gun Watch – Week of 11/14/22

Posted by on November 14, 2022

While most of the action on Second Amendment challenges continues to occur in the federal district and appellate courts, there were a few developments recently with the Supreme Court petitions we are tracking.  The Court denied certiorari in Carnes, a challenge implicating the federal ban on gun possession by an unlawful drug user, on October […]

The Center’s September 2022 Symposium with the NYU Law Review

Posted by on November 2, 2022

On September 23, 2022, the Center co-hosted a symposium in New York, in coordination with the New York University Law Review, on the theme of Gun Rights and Regulation after Bruen.   The symposium was a tremendous success and the Center would like to thank all those who participated, attended in person, and tuned into the live stream.  […]

SCOTUS Gun Watch – Week of 10/24/22

Posted by on October 24, 2022

We put the SCOTUS updates on pause briefly, in part because the Court did not take another Second Amendment or firearms-centric case this term.  Over the past few weeks, responses were filed in several cases we are tracking including Torcivia, McCutchen, and Carnes.  There’s also one new case on the tracker this week:  Howling v. […]

Tennessee State Court Strikes Down Public Housing Complex’s Gun Ban

Posted by on October 21, 2022

In an 8-page decision issued on October 13, the Tennessee Court of Appeals ruled in Columbia Housing v. Braden that the landlord of a public housing complex cannot prohibit tenants from keeping firearms in their residences because this “prohibition . . . is an unconstitutional lease condition.”  The decision, which is consistent with at least […]

Bruen’s Practical Impact: What We Know and Where We are Going

Posted by on October 12, 2022

In recent weeks, the Center has devoted a great deal of space to covering the legal implications of the Bruen decision, including how lower courts in New York, Virginia, Texas, and other jurisdictions have started to apply its history-focused framework.  But what about Bruen’s practical implications?  Has the decision impacted the number of people seeking […]

SCOTUS Gun Watch – Week of 10/3/22

Posted by on October 5, 2022

The Supreme Court held its “Long Conference” last Wednesday and issued orders in a number of cases on Monday, as it kicked off the new term.  The major takeaway is that, perhaps not surprisingly since few courts have yet to actually apply Bruen‘s new test, the Court did not take another Second Amendment case.  The […]

What do Recent Decisions on Federal Group Prohibitions Signal for Heller’s List of Presumptively Lawful Regulations?

Posted by on October 3, 2022

In a September 19 decision in United States v. Quiroz, a judge in the Western District of Texas struck down the federal law barring those under indictment for a felony offense from receiving firearms, finding that the ban “departs from this Nation’s historical tradition of firearm regulation.” One notable aspect of the decision is its […]

Worrying Trends In the Lower Courts After Bruen

Posted by on September 30, 2022

There are several extremely worrying trends from what I’ve seen in the still nascent post-Bruen Second Amendment case law. These concerns don’t arise from disagreement with constitutional originalism or with the Supreme Court’s interpretation of the Second Amendment. They are concerns about lower courts’ capacity (and perhaps willingness) to apply a historical method in a […]

SCOTUS Gun Watch – Week of 9/26/2022

Posted by on September 26, 2022

The Supreme Court’s “Long Conference” will take place this Wednesday, September 28.   At the long conference, the justices will consider the many petitions for certiorari filed over the summer as well as remaining earlier-filed petitions.  The odds of a grant of certiorari at the long conference are especially low, if history is any guide.  Many […]

State Court Justice Questions How to Apply Bruen

Posted by on September 23, 2022

In a recent case pending before the Ohio Supreme Court, State v. Philpotts, a majority of the justices sua sponte ordered the parties to file supplemental briefs addressing Bruen’s effect on the case. The challenged Ohio law in that case bars those under indictment for violent felonies from possessing firearms pending the disposition of the […]

Justice Thomas’ Dissent in Voisine and Non-Felon Prohibitions

Posted by on September 19, 2022

As litigators and judges grapple with Bruen’s historical tradition test, one issue that is sure to surface repeatedly is the status of group prohibitions on gun possession.  Notably absent from the list of “presumptively lawful” restrictions in Heller is the federal prohibition on gun possession by those convicted of domestic-violence misdemeanor offenses, codified at 18 […]

How Many States Make Up a Historical Tradition? Emerging-Consensus Doctrine and Lessons from International Law

Posted by on September 16, 2022

Bruen itself is not clear on how many laws, or laws from what time period specifically, are needed to establish a historical tradition of regulation.  The opinion tells us it is “doubtful” that three colonial-era regulations “could suffice to show a tradition of public-carry regulation,” and suggests that laws from the Founding era are accorded […]

Bruen and Mass Shootings: Same Cultural Script

Posted by on September 14, 2022

In Bruen, Justice Thomas highlights the story of a Black schoolteacher in post-bellum Maryland who was given a revolver by the local sheriff to protect his students against violence by white mobs (at 52-53). Despite the historical setting, arming teachers to address a pressing social problem of violence will sound familiar to the opinion’s contemporary […]

SCOTUS Gun Watch – Week of 9/12/22

Posted by on September 12, 2022

We’re well into September, but the Supreme Court remains in summer recess and therefore there are not major updates on any previously-filed cert petitions.  We’re adding a new case to the tracker this week:  Carnes v. United States.  The question presented in Carnes is “[w]hether the government, to establish that the defendant is an ‘unlawful user’ […]

Announcing the Center’s September 23, 2022 Symposium with the NYU Law Review

Posted by on September 9, 2022

We are excited to announce that the Center will co-host a symposium in New York on September 23 in coordination with the New York University Law Review.  The theme is Gun Rights and Regulation after Bruen.   The Supreme Court’s decision in Bruen marked a fundamental shift in Second Amendment law, announcing a new methodology […]

SCOTUS Gun Watch – Week of 8/29/22

Posted by on August 29, 2022

The Supreme Court’s summer recess continues, without any major new developments or cert petitions on the Second Amendment front.  The four cases that the Court GVR-ed post-Bruen continue to work their way through the lower courts.  The general trend has been to remand these cases back to the district-court level so that those courts can apply […]

Does Bruen Herald the End of Constitutional Strict-Scrutiny Amendments?

Posted by on August 26, 2022

This November, voters in Iowa will weigh in on a proposed state constitutional amendment that would make all gun regulations subject to strict scrutiny.  The full text of the proposed amendment, which was approved by the state legislature in early 2021, is as follows (emphasis added): The right of the people to keep and bear […]

Supreme Court Confirmation Hearings, Abortion, and the Second Amendment

Posted by on August 24, 2022

During her March confirmation hearing, Justice Ketanji Brown Jackson (who did not decide any Second Amendment cases as a district or appellate judge) was asked by Republican Senator Chuck Grassley:  “Do you believe the individual right to keep and bear arms is a fundamental right?”  Justice Jackson responded that “the Supreme Court has established that […]

Assault Weapons Bans after Bruen

Posted by on August 22, 2022

Assault weapons bans are certain to receive a great deal of attention post-Bruen.  Already, a federal judge in Colorado granted an emergency TRO application and enjoined the assault weapons ban in Superior, Colorado until November—albeit without argument from the town.  The House also passed a federal assault weapons ban earlier this month, although the bill […]

SCOTUS Gun Watch – Week of 8/15/22

Posted by on August 15, 2022

There are not many updates on the Supreme Court front, as the summer recess rolls on.  A few more of the cases we are tracking will be considered at the Long Conference in late September, including Morin, Baldea, and Torcivia.  The four cases that the Court GVR-ed post-Bruen are still being litigated at the appellate level.  In Bianchi […]

Federal Court Declines to Enjoin San Jose’s Gun Liability Insurance Mandate

Posted by on August 10, 2022

Last week, in National Association for Gun Rights v. San Jose, a federal judge in California declined to preliminarily enjoin a San Jose ordinance that requires gun owners to obtain and maintain liability insurance and pay an annual fee. The case is significant not only for its discussion of the constitutionality of mandated gun insurance, […]

Territorial Gun Regulation and the “Lost” History of the Federal Second Amendment

Posted by on August 8, 2022

The Court’s opinion in Bruen considered five territorial gun laws—passed in the Arizona, New Mexico, Wyoming, Idaho, and Oklahoma territories between 1869 and 1890—that supported New York’s position and, in some cases, imposed even broader restrictions on the right to public carry.  The Court proceeded to disregard all five as “exceptional” outliers.  The Court relied […]

History in Practice: How Have Lower Courts Applied Bruen So Far?

Posted by on August 3, 2022

Since Bruen was issued on June 23, lower courts have begun to apply its new framework to Second Amendment challenges.  As of today there are no major developments in the four cases that the Court GVR’ed shortly after Bruen, which include a challenge to Hawaii’s proper-cause analogue, two magazine-capacity cases, and a challenge to Maryland’s […]

SCOTUS Gun Watch – Week of 8/1/22

Posted by on August 1, 2022

A few updates this week on the Supreme Court front, as the summer recess continues.  Baldea and Whitaker (both permitting cases) are set for consideration at the Court’s Long Conference in September.  Massachusetts filed a response in Morin v. Lyver, a challenge to the state’s ban on issuing public carry licenses to those convicted of certain […]

Taylor & the Surprising Success of Gun Crime Defendants at the Supreme Court

Posted by on July 22, 2022

In a decision this past June, United States v. Taylor, the Supreme Court ruled that the mandatory minimum penalties in 18 U.S.C. § 924(c) could not be applied to a man convicted of an attempted federal robbery offense. The decision comes as one in a string of victories at the Supreme Court for gun-crime defendants […]

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