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 […]
Colorado’s “Progressive” Clowns Trample on U.S. Constitution
Colorado’s legislative Bozos have decided to get clever—or what in Clownland passes for clever.
The Supreme Court’s New “Bump Stock” Firearms Case: A Victory for Gunowners and a Defeat for the “Deep State”
The real significance of this case is that it tells us the notorious “Chevron doctrine” is on the way out.
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Old Gun Controls That Were Constitutionally Repealed Are Not Precedents for Modern Gun Control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 […]
The Sources Cited by the Supreme Court in Bruen
Originally published on Reason.com This post lists all the sources cited by the majority opinion in New York State Rifle & Pistol Association v. Bruen. The cites provide useful guidance to lower courts for analyzing Second Amendment cases. Since the Supreme Court’s June 2022 Bruen decision, government lawyers, with the assistance of gun prohibition lobbies, have been […]
The Legal History of Bans on Firearms and Bowie Knives before 1900
Originally published on Reason.com Bowie knives are back in constitutional law news these days, after a very long absence. The U.S. Supreme Court’s Bruen decision instructs lower courts to look to U.S. legal history to see what sorts of restrictions on Second Amendment rights are consistent with the mainstream American legal tradition. According to the Court, […]
