Former SG Paul Clement on Leaving Kirkland & Ellis After It Decided to Withdraw from Second Amendment Cases
"We could not abandon ongoing representations just because a client's position is unpopular in some circles."
Guns
Guns and Judicial Protection of Constitutional Rights that Put Lives at Risk
Justice Breyer and others argue that gun regulations deserve special judicial deference because Second Amendment rights create risks to life. But the same is true of many other constitutional rights.
'The Second Amendment Is Not Unlimited,' Brett Kavanaugh Stresses in SCOTUS Gun Case
“Properly interpreted, the Second Amendment allows a ‘variety’ of gun regulations,” Kavanaugh writes, invoking Antonin Scalia
In Landmark 2nd Amendment Ruling, SCOTUS Affirms Right 'To Carry a Handgun for Self-Defense Outside the Home'
“Nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms,” says New York State Rifle & Pistol Association v. Bruen.
In Negotiations Over the 'Boyfriend Loophole,' Republicans Show More Concern for Due Process Than Democrats
Senators are mulling legislation that would expand the categories of people who are disqualified from owning guns.
3 Supreme Court Cases To Watch in the Next 2 Weeks
Big rulings are coming soon on school choice, guns, and abortion.
Seventh Circuit Reinstates Lawsuit Over School Ban on T-Shirts That Depict Guns,
and reverses a precedent that suggested that viewpoint-neutral speech restrictions in public K-12 schools are generally permissible.
Gun Controllers Say They Want 'Reform' but They're Really Pushing Criminalization
The government should loosen laws, reduce conflict between government and the public, and let people defend themselves.
'Red Flag' Laws Require a Tricky Balance
If Congress decides to encourage them, it should not overlook the importance of due process protections.
Ohio Teachers Can Carry Guns With 24 Hours of Training
Plus: progressive groups imploding, stock and crypto markets plunging, and more.
Tom Cotton, a Second Amendment Champion, Proposes a 5-Year Mandatory Minimum for Violating Arbitrary Gun Bans
Although the Arkansas senator claims to be targeting "violent felons," his draconian bill would affect many people who pose no threat.
Uvalde Shows Once Again That Cops Are Just Armed Bureaucrats
What happened in Uvalde is part of a pattern, not an aberration.
New York's Body Armor Ban May Be Stupidest Gun Legislation Yet
Protective devices incapable of offensive use are now unavailable for legal purchase by New Yorkers.
Biden Conflates a Broad Category of Rifles With Intolerable 'Weapons of War'
The administration's slippery terminology illustrates the challenge of distinguishing between "good" and "bad" guns.
Would These 4 Gun Controls Prevent Mass Shootings?
An analysis of such crimes suggests the president’s policy prescriptions are unlikely to have a meaningful impact.
Biden's Gun Control Push Combines Slipperiness With Self-Righteous Certitude
The president implies that anyone who resists his agenda is complicit in the murder of innocents.
The Senate's Latest Gun Bill Will Fail, but Not Because of the Filibuster
Democrats love to blame their troubles on Senate rules. They should look in the mirror instead.
Cops, Gun Restrictions, and Mass Shootings
Plus: The editors contemplate the recent Libertarian National Convention.
If You Want Protection for Your Loved Ones, Do It Yourself
No hollow promise can replace our attachments to our children, spouses, friends, and our own lives.
Unfazed by the Second Amendment, Democrats Want To Ban Gun Purchases by Young Adults
Two federal appeals courts recently concluded that such age restrictions are unconstitutional.
Private Gun Carriers' Self-Defense Against Public Shooters
The Charleston (West Virginia) incident from a few days ago, the FBI 2021 statistics, and more.
There Have Been 13 Mass School Shootings Since 1966, Not 27 This Year
Don't conflate mass shootings with school shootings.
After the Uvalde School Shooting, Politicians and Pundits Search for Panaceas
Plus: Florida social media law violates First Amendment, against populist antitrust action, and more...
Is It Too Much To Ask That Politicians Know What They're Talking About?
The answer to “Why should these people go to prison?” should not be ill-informed gibberish.
Biden Lays Blame for Uvalde School Shooting on Gun Lobby
There's much we don't know about the shooting in Texas that left at least 21 people dead, including 19 children. Nevertheless, Joe Biden knows exactly who to blame and how to stop future shootings.
New York Times Columnist Gail Collins Proposes a 'Simple Battle' To 'Get Rid of the Guns'
It's not clear which guns she is talking about, and even Collins does not seem to know.
Why New York's 'Assault Weapon' Ban Didn't Stop the Buffalo Massacre
The problem is not sneaky entrepreneurs who sell accessories; it's legislators who ban guns based on functionally unimportant features.
The New York Times Uses a CDC Report on Homicides As an Excuse To Attack Private Gun Ownership
The paper blames a "gun-buying spree" during the pandemic for the 2020 jump in murders.
My Washington Post Article on Gun Rights and Property Rights
It explains why laws requiring private property owners to allow guns on their land are an affront to property rights, and violate the Takings Clause of the Fifth Amendment.
Florida's Agriculture Commissioner Says the Ban on Gun Possession by Marijuana Users Is Unconstitutional
Nikki Fried, a Democrat, is suing the Biden administration, arguing that the policy violates the Second Amendment and a congressional spending rider.
ATF's New 'Ghost Gun' Rules Are as Clear as Mud
The ATF used a lot of words that invite lawsuits and leave industry insiders baffled.
Minnesota's Attorney General Says the Cop Who Killed Amir Locke Was Defending Himself. So Was Locke.
That perplexing situation underlines the hazards of police tactics that aim to prevent violence but often have the opposite effect.
Does California's Latest Mass Shooting Show the Country's Strictest Gun Laws Are Not Strict Enough?
Maybe it shows that the existing restrictions are not working as advertised.
D.A.'s Office Letter That Opposed Parole for Man Now Arrested in Connection with Sacramento Killings of Six
The letter is dated April 29, 2021, when Martin was three years into a 10-year sentence for a brutal assault on his girlfriend; he was released in February.
Article on "Gun Rights, Property Rights, and Takings"
My Duke Center for Firearms Law piece on why laws forcing private property owners to allow guns on their premises violate property rights and often qualify as takings requiring compensation under the Fifth Amendment.
Do Studies Show Gun Control Works? No.
Out of 27,900 research publications on gun laws, only 123 tested their effects rigorously.
