Maryland Rifle Ban in the Supreme Court
Originally published on Reason.com Today I filed an amicus brief in support of a cert. petition challenging Maryland’s ban on various semiautomatic rifles. The case is Bianchi v. Frosh, and was brought by the Firearms Policy Coalition, the Second Amendment Foundation, and individual plaintiffs. Petitioners are represented by the D.C. powerhouse litigation boutique Cooper & Kirk. […]
Surprising Support for the Right to Bear Arms
Originally published on Reason.com As the Supreme Court considers New York State Rifle & Pistol Association v. Bruen, many commentators are wondering if the Court will rule on the basis of text, history, and tradition. A deeply researched amicus brief from Everytown for Gun Safety cites a wealth of history. Yet some of those cites when […]
Social Science on the Right to Bear Arms
Originally published on Reason.com The debate over carrying firearms outside the home often is accompanied by predictions that public carry will lead to more violent crime. Fortunately, such claims are incorrect. The large-scale expansion of legal carry throughout the United States has not resulted in the doomsday scenarios predicted by opponents. This post surveys the pro/con […]
Bearing Arms in “Sensitive Places”
Originally published on Reason.com As the U.S. Supreme Court gets ready to hear New York State Rifle and Pistol Association v. Bruen, the Court may consider whether to elaborate on its statement in District of Columbia v. Heller that bearing arms may be prohibited “in sensitive places such as schools and government buildings.” In this post, I […]
Amnesty International Brief Against Right To Bear Arms
Originally published on Reason.com As the U.S. Supreme Court considers whether to enforce the Second Amendment right to “bear arms” in New York State Rifle & Pistol Association v. Bruen, an amicus brief from Amnesty International argues that doing so would violate international law. In this post, I’ll examine the arguments in the AI brief. Back in […]
Amnesty International Brief Against Right to Bear Arms
Originally published on Reason.com As the U.S. Supreme Court considers whether to enforce the Second Amendment right to “bear arms” in New York State Rifle & Pistol Association v. Bruen, an amicus brief from Amnesty International argues that doing so would violate international law. In this post, I’ll examine the arguments in the AI brief. Back in […]
Second Amendment Professors Brief in Supreme Court Right to Bear Arms Case
Originally published by Reason.com On November 3, the U.S. Supreme Court will hear oral argument in New York State Rifle & Pistol Association v. Bruen. The case will decide whether the Second Amendment right to “bear arms” is an actual right. Or conversely, if law-abiding adults who pass a biometric background check and safety training can […]
Ninth Circuit Holds There Is No Right To Bear Arms Outside the Home
Originally published on Reason.com The en banc Ninth Circuit last week held that the Second Amendment does not extend to open public firearm carriage. The new in Young v. State of Hawaii complements the Circuit’s en banc from five years earlier, Peruta v. San Diego, which held that concealed carry is outside the Second Amendment. According to the Ninth […]
Defund the Police
“Defund the police” is not the slogan of people who sincerely believe that black lives matter. Rather, “defund the police” is the program of communists who want to establish a totalitarian police state. In the last year, they have made much progress towards their goal. As lawful, constitutional policing in the United States is defunded […]
Independence Institute Fights Wisconsin School Closing Orders
The Independence Institute joined several organizations in an amicus brief accepted by the Wisconsin Supreme Court in Wisconsin Council of Religious and Independent Schools v. Heinrich. We believe that the orders closing non-government K-12 schools while allowing daycare and colleges to stay open is illegal. Click here to read the full amicus brief.
Magazine Confiscation Splits Third and Ninth Circuits
Originally published on Reason.com California and New Jersey have enacted laws to confiscate firearms magazines holding more than 10 rounds. On Aug. 14, a 2-1 panel of the Ninth Circuit ruled California’s confiscation unconstitutional, in Duncan v. Becerra. The Third Circuit, Sept. 1, upheld by 2-1 confiscation in New Jersey in Association of New Jersey Rifle […]
National Popular Vote Violates the Colorado Constitution
According to the Colorado Constitution: “The general assembly shall provide that after the year eighteen hundred and seventy-six the electors of the electoral college shall be chosen by direct vote of the people.” The Colorado Constitution is the only state constitution that guarantees the right to the people to direct election of presidential electors. In 2019, […]
