En Banc Sixth Circuit Splits 8-8 Over Bump Stock Ban
The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.
Guns
California's Ban on Magazines Holding More Than 10 Rounds Is Constitutional, 9th Circuit Decides
Despite such magazines being widely and lawfully used, and with the ban having been tossed out by other courts and court panels, the 9th Circuit thinks the ban does not violate the Second Amendment
Incoming New York Mayor Makes Vague Case for the 'Proper' Kind of Stop-and-Frisk
Eric Adams thinks he can give the police more power to hunt for guns without making innocent minority men the inevitable target.
Legally Irrelevant Considerations Cloud the Debate About Kyle Rittenhouse's Acquittal
The jury rightly concluded that the prosecution failed to prove its case.
Man Faces 30-Year Sentence in the Self-Defense Case Everyone Ignored Last Week
Some are using Kyle Rittenhouse's acquittal to argue for harsher laws and punishments. Andrew Coffee IV's case is a study in why that's an awful idea.
Kyle Rittenhouse Case Unlikely To Bring Tighter Gun Laws
Restrictions have little chance of moving beyond political theater, or of winning compliance if passed.
Kyle Rittenhouse Has Been Acquitted on All Charges
The trial became an upside-down microcosm for the polarized debates about the U.S. criminal justice system.
Excessive Force and Stops of Armed Civilians by Out-of-Uniform Sheriff's Deputies in Unmarked Vehicles
This stop was a Fourth Amendment violation, holds a federal court.
Jury Deliberations Begin in Kyle Rittenhouse Trial After Judge Tosses Gun Charge
Plus: Yale University faces an interesting lawsuit, the ACLU takes a stance on student loan debt, and more...
Wisconsin Court Reverses Conviction for Alleged Threat
Defendant had posted three photos to Instagram showing (1) a movie ticket, (2) ammunition, and (3) the inside of a theater, and also one to Snapchat showing (4) a handgun.
Cop Kills 8-Year-Old Girl; Two Teens Charged With Her Murder
Fanta Bility's death has revived an under-the-radar debate about the doctrine of transferred intent.
Court Rejects Negligence Lawsuit Against Armslist Over Murder Using Gun Bought in Armslist-Facilitated Transaction
The court takes a narrow view of 47 U.S.C. § 230(c)(1), but rejects liability as a matter of state law: “public policy [with regard to how gun sales can be arranged] is more properly determined by the peoples’ elected representatives rather than by the courts.”
Alec Baldwin's Gun Proposals Will Not Make Hollywood Sets Safer
Despite a tragic on-set death, there is no need to involve police officers in still more aspects of people's lives.
Kyle Rittenhouse's Call of Duty Habit and Post-Arrest Silence Aren't Evidence of His Guilt
Judge Bruce Schroeder rightly reprimanded Assistant District Attorney Thomas Binger for what he called a "grave constitutional violation."
New York Treats a Second Amendment Right As a Crime
The Supreme Court should reject a law that bars ordinary people from carrying guns for self-defense.
The Prosecution Had a Very Bad Day in the Kyle Rittenhouse Trial
Plus: Biden administration defends vaccine mandate, Bari Weiss announces the University of Austin, and more...
Supreme Court Seems Poised To Rule Against New York Gun Law
A majority of the Court voiced skepticism about the state’s conceal-carry licensing scheme.
The Firearms Policy Coalition Targets S.B. 8 on the Merits
An amicus brief in Whole Women's Health v. Jackson warns of how S.B. 8's structure could be used to target other constitutional rights.
Popular Progressive Policies Helped Ruin Venezuela. They Won't Work Here Either.
The idea that massive government spending, hate speech laws, and gun control will improve America—when they failed horribly elsewhere—is a dangerous myth.
Why Martin Luther King Couldn't Get a Carry Permit
Several groups urging the Supreme Court to overturn New York’s virtual ban on bearing arms emphasize the policy’s racist roots and racially disproportionate impact.
Gun Rights Activists Join Abortion Rights Activists To Fight Texas Abortion Law
The Texas law “could just as easily be used by other States to restrict First or Second Amendment rights,” the Firearms Policy Coalition tells SCOTUS.
The Firearms Policy Coalition Targets Texas S.B. 8
The gun rights group has filed a brief supporting the petition for certiorari in one of the cases challenging the controversial Texas abortion law.
The Second Amendment vs. the Seventh Amendment: The Terminal Decay of the Seventh Amendment and the Revival of the Second Amendment
The Second Amendment right is vibrant and prominent for many citizens. The Seventh Amendment right has shriveled to a husk of its former self.
The Second Amendment vs. the Seventh Amendment: Procedural Rights and the Problem of Incorporation
Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states. Procedural rights have failed; not only have they not improved procedures, they have made things worse.
The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights
Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an independent core because they are necessarily embedded in a whole system of legal procedure, and they depend on that system for their meaning.
No Heckler's Veto: Georgia Court's Decision Rejecting $1.5M Nuisance Verdict Against Abortion Clinic Stands
The verdict was chiefly based on the actions of protesters and arsonists; the Georgia Court of Appeals rejected it, and the Georgia Supreme Court has just refused to rehear the case.
The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences
Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns individual accountability and the ability to understand responsibilities; the second concerns the distinction between substantive rights and procedural rights.
Public Defenders vs. Gun Control
A Supreme Court decision against New York's gun control scheme would be a victory for both criminal justice reform and the Second Amendment.
The Right to Bear Arms in Historical Context
Founding realities refute New York’s arguments supporting its gun carry ban.
A Surprise Amicus Brief in the Challenge to New York's Gun Carry Ban
Former Judge Luttig's arguments are off base.
New York's Futile Search for Historical Precedents for its Handgun Carry Restrictions
The Massachusetts Model was not a carry ban and required aggressive behavior before it applied.
Does a Medieval English Statute Supersede the Second Amendment?
New York takes a long shot at saving its firearm carry ban.
Don't Know Much About History
New York’s Supreme Court brief on the Second Amendment is flawed.
SCOTUS, Under Fire From Left and Right, Is Back in Session With Guns and Abortion on the Docket
The justices robe up for another term.
