Negating Democratic Consent
Negating Democratic Consent: How the Colorado Supreme Court has Nullified Colorado Constitutional Limits on Taxes, Debt, and Corporate Privilege. Abstract: The Constitution of the State of Colorado strictly limits the Colorado government’s power to impose taxes and incur debt, including by requiring voter approval of higher taxes and new debt. Government debt must be approved […]
How Magazine Bans Thwart Self-Defense
Originally published on Reason.com Proponents of bans on standard firearms magazines claim that the bans do not affect lawful self-defense, and do impair mass shooters. Supposedly, victims will be able to escape or fight back during the “critical pause” when a mass shooter is swapping magazines. The claims are not plausible, as explained in an amicus […]
Supreme Court Amicus Briefs on Gun Crime in Mexico
Originally published on Reason.com In Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, the Mexican government is suing several of the most popular American firearm manufacturers in an attempt to hold them liable for violence committed by Mexican drug cartels in Mexico. The Mexican government seeks billions of dollars in damages and the imposition of […]
Law Enforcement Trainers File SCOTUS Amicus Brief against Maryland Rifle Ban
Originally published on Reason.com Last week the International Law Enforcement Educators & Trainers Association filed an amicus brief in a U.S. Supreme Court case challenging Maryland’s ban on many common semiautomatic rifles. The case is Bianchi v. Brown, and it has an unusual procedural posture; it is a petition for certiorari before judgement. Yet the case […]
Preview of Supreme Court Bump Stock Case
Originally published on Reason.com Tomorrow, February 28, the Supreme Court will hear oral argument in Garland v. Cargill; the case challenges the administrative prohibition on bump stocks imposed by the Trump and Biden administrations, via interpretation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). The Supreme Court docket is here. I co-authored an amicus […]
Law Enforcement Officers Are Part of “the People”, Not Above Them
Originally published on Reason.com Two weeks ago, I filed an amicus brief in U.S. District Court in Colorado, in Gates v. Polis, a case challenging the Colorado legislature’s 2013 ban on magazines over 15 rounds. The brief was on behalf of Sheriffs and law enforcement training organizations: the International Law Enforcement Educators and Trainers Association, the […]
The Solicitor General’s Response to my Amicus Brief in Rahimi
Originally published on Reason.com On November 7, the Supreme Court will hear oral argument in the only Second Amendment merits case this term, United States v. Rahimi. (Docket page.) In that case, twenty-one amicus briefs urged the Court to affirm the Fifth Circuit’s decision. On October 25, the Solicitor General, who is asking the Supreme Court […]
Old Gun Controls That Were Constitutionally Repealed Are Not Precedents for Modern Gun Control
Originally published on Reason.com This week amicus briefs were filed in United States v. Rahimi, the only Second Amendment merits case currently before the Supreme Court. The docket page for the case is here. I will be blogging later about various briefs in the case. This post describes the amicus brief that I filed, available here. […]
Free “2023 Supplement” for “Firearms Law and the Second Amendment”
If you would like to know what’s been going on with right to arms litigation in the past two years, you’re in luck. Published a few weeks ago is the 2023 Supplement to Firearms Law and the Second Amendment: Regulation, Rights, and Policy, coauthored by me and Nicholas Johnson (Fordham), George Mocsary (Wyoming, Director of […]
Fast Reloading of Guns in the 19th Century
Originally published on Reason.com This post describes the speediest means of reloading firearms in the 19th century. The main focus is not the ammunition capacity of any particular type of arm, but rather how quickly various arms could be reloaded after the initial ammunition was spent. As the post also explains, although the 19th century was, […]
The Founders Were Well Aware of Continuing Advances in Arms Technology
Originally published on Reason.com During the 19th century, firearms improved more than in any other century. As of 1800, most firearms were single-shot muzzleloading blackpowder flintlocks. By end of the century, semiautomatic pistols using detachable magazines with modern gunpowder and metallic cartridges were available. Would the Founders be surprised by the improvements in ability to exercise […]
AR Rifle Ammunition Is Less Powerful Than Most Other Rifle Ammunition
Originally published on Reason.com According to “assault weapon” ban proponents, the AR rifle’s lethality is all about how fast its bullets travel. The Washington Post recently claimed that “what makes [the AR] so deadly is the speed of [its] bullet.” “The higher speed of a bullet from an AR-15 causes far more damage after it […]
