Fourth Circuit Amicus Brief on Maryland Handgun Licensing Law
Originally published on Reason.com Today Joseph Greenlee and I filed an amicus brief in the Fourth Circuit case Maryland Shall Issue v. Hogan. Our brief is on behalf of the Firearms Policy Coalition Action Foundation (where he works) and Independence Institute (the Denver think tank where I work). The case had previously appeared in the Fourth […]
Ninth Circuit Strikes Hawaii Law That Only Security Guards May Get Handgun Carry Permits
Originally published on Reason.com Today a 2-1 Ninth Circuit panel held that Hawaii’s near-total prohibition on the carrying of handguns for lawful self-defense violates the Second Amendment right to bear arms. Under binding precedent from a previous case, Peruta v. San Diego (Peruta II), concealed carry is not a Second Amendment right. However, Hawaii requires a […]
D.C. Circuit upholds right to bear arms for D.C. residents
Originally published: Reason.com The U.S. Court of Appeals for the District of Columbia Circuit has ruled that the District government must grant handgun carry licenses to D.C. residents on the same basis that carry permits are issued in most states. In particular, D.C. may not limit carry permits only to persons who prove a “special […]
The “Pro-Gun” Provisions of Manchin-Toomey are Actually a Bonanza of Gun Control
Originally published on Volokh.com The Toomey-Manchin Amendment which may be offered as soon as Tuesday to Senator Reid’s gun control bill are billed as a “compromise” which contain a variety of provisions for gun control, and other provisions to enhance gun rights. Some of the latter, however, are not what they seem. They are badly miswritten, […]
Could President Perry Carry a Gun?
Originally published on Volokh.com Chris Moody attempts to analyze the issue for The Ticket. The analysis could have been improved by reading the laws of the District of Columbia. Moody describes D.C. as “a city that bans carrying firearms.” That’s not exactly correct. The D.C. Code generally prohibits carrying a firearm “without a license issued pursuant […]
Second Circuit Rules in Favor of Firearms Dealers on Procedural Due Process
Originally published on Volokh.com Spinelli v. City of New York was decided on August 7, by Judges Calabresi and Walker. Judge Sotomayor had been on the panel, but did not participate in the decision, due to her elevation to the Supreme Court. Angela Spinelli had been doing business a licensed firearms dealer in the Bronx for […]
