Preliminary Injunction against Dysfunctional California Ammunition Background Checks

Originally published on Reason.com On April 23, the U.S. District Court for the Southern District of California issued a preliminary injunction against California’s background check law for ammunition purchases. As the court found, the failed system improperly prevents lawful purchases by very large numbers of law-abiding citizens. Starting in 2018, California prohibited consumers from purchasing ammunition […]
What Arms Are “Common”?

Originally published on Reason.com The Ninth Circuit case Rupp v. Becerra challenges the California legislature’s ban on a wide of variety of rifles. Last week, I co-authored an amicus brief explaining: 1. Supreme Court precedents state that common arms cannot be banned. 2. Lower courts have used several methodologies to decide whether a type of arm is […]
Magazines over 10 Rounds Were Well-Known to the Founders

Originally published on Reason.com Did the Framers of the Second Amendment consider the possibility that Americans might own firearms with a capacity greater than 10 rounds? Certainly yes. Such arms had been invented two centuries before the Second Amendment, and by 1791, repeating arms, including those capable of firing more than 10 rounds, were well-known in […]
Magazines Over 10 Rounds Were Well-Known to the Founders

Originally published on Reason.com Did the Framers of the Second Amendment consider the possibility that Americans might own firearms with a capacity greater than 10 rounds? Certainly yes. Such arms had been invented two centuries before the Second Amendment, and by 1791, repeating arms, including those capable of firing more than 10 rounds, were well-known in […]
Amicus Brief on Lawsuits against Gun Manufacturers Invokes NY Times v. Sullivan

Originally published on Reason.com Should gun manufacturers be liable for misuse of guns? Should printing press manufacturers be liable for misuse of presses? The answer to both questions is “no,” according to an amicus brief I filed today in support of a Supreme Court cert. petition. Amici include the Cato Institute, the Firearms Policy Coalition, several […]
Frank Brownell Museum of the Southwest

Originally published on Reason.com Located near Raton, New Mexico, the Frank Brownell Museum of the Southwest is a small and excellent firearms museum. The museum also has a library of great utility to anyone researching firearms. The museum and library are part of the Visitor Center at the NRA Whittington Center, a 52-square-mile target shooting and […]
Daisy Airgun Museum

Originally published on Reason.com The small and excellent Daisy Airgun Museum tells the story of America’s most iconic manufacturer of air guns, including the famed Red Ryder, the most common first gun for many generations of American children. Rose City Art The museum is located in the center of Rogers, Arkansas, about a mile south of […]
J.M. Davis Arms and Historical Museum

Originally published on Reason.com J.M. Davis Arms Museum building. (Rose City Art) Located near Tulsa on Route 66, the J.M. Davis Arms and Historical Museum amazes and overwhelms. With 12,000 firearms on display, it offers the largest collection of guns you can see at any museum. But it’s not just a firearms museum. Boasting 50,000 total artifacts, […]
Knife Ban and Vagueness Case at Supreme Court Conference

Originally published on Reason.com On Thursday, the U.S. Supreme Court conference will consider whether to hear an important case on vagueness, Copeland v. Vance (docket page, with links to all briefs). As an earlier post by Eugene noted, the case arises from unusual knife control laws in New York City and New York State. This post provides some […]
District Court Permanently Enjoins California Magazine Confiscation Law

Originally published on Reason.com California’s statute to confiscate all magazines over 10 rounds has been permanently enjoined by the United States District Court for the Southern District of California. The opinion was written by Judge Roger T. Benitez. Previously, Judge Benitez had issued a preliminary injunction against the confiscation law, and the preliminary injunction was upheld […]
Second Amendment Rights of Young People

Originally published on Reason.com Do persons under 21 have any Second Amendment rights? Around the nation, gun control activists have been pushing for laws to prohibit firearms for persons under 21. In a symposium issue of the Southern Illinois University Law Journal, Joseph Greenlee and I examine the issue. History and Tradition in Modern Circuit Cases […]
Supreme Court’s New Second Amendment Case

Originally published on Reason.com For the first time in nearly a decade, the Supreme Court has voted to hear argument in a Second Amendment case. Although the schedule has not been set, oral argument in New York State Rifle & Pistol Association Inc. v. City of New York, New York could take place this Spring. The […]