Preliminary Injunction Against New York Bans on Licensed Carry
Originally published on Reason.com Today U.S. District Judge Glenn T. Suddaby issued a preliminary injunction against many portions of New York’s recently enacted “Concealed Carry Improvement Act.” The act had been passed shortly after the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, which upheld the Second Amendment right to […]
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 […]
VIDEO: Boulder’s Gun Ban UPDATE, Crowdfunding Campaign Launched
Here’s an update on how things are going with my ongoing resistance to Boulder’s hateful, bigoted gun ban. In the video below, I share some of the “tolerant” feedback I’ve gotten from the first video, where I explained why I’m going public and will not comply with the Boulder gun ban. If you’d like to […]
Do Some Courts Underenforce the Second Amendment?
Originally published on Reason.com This Fall, the Duke Law Journal held a symposium Heller at Ten: A Symposium on From Theory to Doctrine. All of the articles are, at least partially, responses to an article Eric Ruben and Joseph Blocher that analyzed data for all post-Heller cases, from 2008 until early 2016. From Theory to Doctrine: […]
Supreme Court Should Clarify Second Amendment Test
Originally published on Reason.com Today I filed an amicus brief in support of the cert. petition in Mance v. Whitaker. The case is a challenge to the federal ban on interstate handgun sales. But more importantly, it is a good vehicle for the Court to clarify how lower courts should review Second Amendment challenges. Background: In […]
Moore v. Madigan, Key Points
Originally published on Volokh.com Judge Posner’s opinion for a 2-1 panel of the 7th Circuit. Illinois is the only state which forbids gun carrying in public as a matter of law. There is no provision for the issuance of licenses for concealed carry, or for open carry. Both are banned. There are some exceptions for particular […]
Diane Wood on the Second Amendment
Originally published on Volokh.com In Justice v. Town of Cicero, 577 F.3d 768 (7th Cir., Aug. 14, 2009), Judge Wood upheld the handgun registration ordinance of Cicero, Illinois. The opinion accurately explained that under the then-current law of the Circuit, the Second Amendment was not incorporated in the Fourteenth. Surprisingly, Judge Wood then asserted that even if the […]
First Circuit Upholds Federal Ban on Juvenile Handgun Possession
Originally published on Volokh.com The decision is here, and includes extensive analysis of 19th and early 20th century state laws (and court decisions upholding them under state constitution RKBA provisions) against juvenile handgun possession, or sale of handguns to juveniles. The decision also rejects a challenge that the federal ban on simple possession in one’s own […]
