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Firearms Crimes

Hunter Biden and Alexander Ledvina | Illustration: Eddie Marshall | Yuri Gripas | ABACA |Newscom | Midjourney | Photo courtesy of Mark Ledvina

Second Amendment

Hunter Biden Walks Free While This Iowa Man Serves 4 Years for the Same 'Crime'

The contrast between the two cases illustrates the haphazard impact of an arbitrary, constitutionally dubious gun law.

Jacob Sullum | 7.21.2025 3:10 PM

Attorney General Pam Bondi | Sipa USA/Newscom

Second Amendment

Pam Bondi Aims To Revive a Moribund Legal Process for Restoring Gun Rights

A new Justice Department rule could help "prohibited persons" who pose no threat to public safety.

Jacob Sullum | 3.28.2025 3:55 PM

A Glock 19 honoring Donald Trump | Glock

Second Amendment

The Law That Disarmed Trump Is Unfair, Illogical, and Constitutionally Dubious

The president-elect lost his Second Amendment rights thanks to a nonsensical gun ban.

Jacob Sullum | 1.15.2025 12:01 AM

An illustration of a marijuana leaf and a handgun over the Constitution | Illustration: Lex Villena; Midjourney

Second Amendment

5th Circuit Reaffirms That Prosecuting a Marijuana User for Illegal Gun Possession Was Unconstitutional

Patrick Darnell Daniels Jr. was sentenced to nearly four years in prison for violating a federal law that bars drug users from owning firearms.

Jacob Sullum | 1.7.2025 3:35 PM

Broadwater Elementary School in Billings, Montana | Hulteng CCM Inc.

Second Amendment

He Was Convicted of a Felony for Holding a Gun on the Sidewalk in Front of His House

Gabriel Metcalf argues that his prosecution under the Gun-Free School Zones Act violated his constitutional right to keep and bear arms.

Jacob Sullum | 12.12.2024 4:20 PM

Hunter Biden at the White House | Pool/ABACA/Newscom

Clemency

The President Still Has Time To Show His Mercy Extends Beyond His Own Son

The draconian penalties that Hunter Biden escaped affect many people whose fathers cannot save them.

Jacob Sullum | 12.4.2024 12:01 AM

Hunter Biden walks next to a woman | Saquan Stimpson/CNP for NY Post/Mega/RSSIL/Newscom

Joe Biden

Hunter Biden's Pardon Features Several Shades of Hypocrisy, Including the Gun Policy Implications

Joe Biden says his son did not deserve prison for violating firearm laws that the president vigorously defends and has made more severe.

Jacob Sullum | 12.2.2024 5:20 PM

Guns

Firearms Law Textbook 2024 Supplement Now Available

For free -- 566 pages

David Kopel |The Volokh Conspiracy | 9.17.2024 6:46 PM

Supreme Court Justice Neil Gorsuch | Bob Daemmrich/Zuma Press/Newscom

Overcriminalization

'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives

In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.

Jacob Sullum | 8.7.2024 12:01 AM

Ali Hemani | Ali Hemani

FBI

He Faced a Terrorism Probe, Went to Jail on a Gun Charge, and Now Is Charged With Drug Possession

Although the FBI never produced evidence that Ali Hemani was a threat to national security, it seems determined to imprison him by any means necessary.

Amel Ahmed | 6.27.2024 8:00 AM

A firearm, a jury box, and the Supreme Court | Illustration: Lex Villena; Adam Parent,  Martin33

Criminal Justice

The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing

Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.

Billy Binion | 6.21.2024 5:12 PM

Supreme Court Justice Clarence Thomas | Eric Lee/POOL/ZUMAPRESS/Newscom

Supreme Court

SCOTUS Dodges a Crucial Problem With Disarming People Based on Restraining Orders

The Court says "a credible threat" justifies a ban on gun possession but does not address situations where there is no such judicial finding.

Jacob Sullum | 6.21.2024 3:45 PM

Hunter Biden after his conviction on federal gun charges | David Muse/UPI/Newscom

Second Amendment

Hunter Biden's Gun Conviction Does Not Resolve a Constitutional Dispute That Pits Him Against His Father

The president's son, who faces up to 25 years in prison for conduct that violated no one's rights, can still challenge his prosecution on Second Amendment grounds.

Jacob Sullum | 6.11.2024 2:55 PM

Donald Trump and Hunter Biden | Curtis Means/UPI/Newscom; Sipa USA/Newscom

Second Amendment

Donald Trump and Hunter Biden Face the Illogical Consequences of an Arbitrary Gun Law

Their cases illustrate the injustice of taking away people’s Second Amendment rights based on nonviolent crimes

Jacob Sullum | 6.5.2024 12:01 AM

Hunter Biden arrives for his trial on gun charges in Wilmington, Delaware | David Muse/Zuma Press/Newscom

Firearms Law

Hunter Biden's Trial Highlights a Widely Flouted, Haphazardly Enforced, and Constitutionally Dubious Gun Law

The president's son, who is charged with crimes that violated no one's rights, theoretically faces up to 25 years in prison.

Jacob Sullum | 6.4.2024 3:40 PM

Colorado State Sen. Sonya Jaquez Lewis | Official Photo

Second Amendment

This Colorado Bill Would Abolish the Right to Armed Self-Defense in Many 'Sensitive Places'

Legislators are taking a page from constitutionally dubious state laws that make carry permits highly impractical to use.

Jacob Sullum | 3.25.2024 1:40 PM

A DJI Matrice M300 drone in flight over a grassy field. | Marian Gh Moise | Dreamstime.com

Drones

Florida Man Sentenced to 4 Years in Federal Prison After Shooting Down a Drone

Rather than destruction of property, Wendell Goney was convicted of possession of a firearm as a felon.

Joe Lancaster | 3.1.2024 3:44 PM

Hunter Biden | Elder Ordonez/SplashNews/Newscom

Firearms Crimes

Hunter Biden's Lawyers Say the Gun Ban He Violated Is Unconstitutional, Widely Flouted, and Rarely Enforced

The president's son is seeking dismissal of three felony charges based on his illegal 2018 firearm purchase.

Jacob Sullum | 12.14.2023 3:15 PM

Hunter Biden | Pool/Zuma Press/Newscom

Criminal Justice

Hunter Biden's Multiplying Charges Exemplify a Profound Threat to Trial by Jury

Prosecutors have enormous power to coerce guilty pleas, which are the basis for nearly all convictions.

Jacob Sullum | 12.13.2023 12:01 AM

An illustration of a marijuana leaf and a handgun over the Constitution | Illustration: Lex Villena; Midjourney

War on Drugs

Two 15-Year Sentences Illustrate the Ugly Interaction of Drug and Gun Laws

The Supreme Court mulls how to apply a mandatory minimum for gun possession by people convicted of drug felonies.

Jacob Sullum | 11.28.2023 6:05 PM

Deja Taylor after her state arraignment in April | Stephen M. Katz/TNS/Newscom

Second Amendment

Prosecutors of 6-Year-Old Shooter's Mother Claim Gun-Owning Pot Users Are 'Inherently Dangerous'

Deja Taylor is going to federal prison because of a constitutionally dubious gun law that millions of cannabis consumers are violating right now.

Jacob Sullum | 11.16.2023 2:50 PM

Hunter Biden could go to prison under an arbitrary gun law that his father steadfastly defends. | CBS Sunday Morning/Zuma Press/Newscom

Firearms Law

Without a Diversion Agreement, Hunter Biden Could Go to Prison Under an Arbitrary Gun Law His Dad Supports

Special Counsel David Weiss will face a Second Amendment challenge if he prosecutes the president's son for illegally buying a firearm.

Jacob Sullum | 8.16.2023 3:35 PM

a gun rests on top of cannabis leaves | MIS Photography/pxfuel.com

Criminal Justice

The Arbitrary Ban on Gun Possession by Drug Users Invites Wildly Uneven Enforcement

Violators are rarely caught, while the unlucky few who face prosecution can go to prison for years.

Jacob Sullum | 8.16.2023 12:01 AM

The legally authorized charges against Donald Trump and Hunter Biden are not a reliable indicator of what justice requires. | Al Diaz/TNS/Newscom, Elder Ordonez/SplashNews/Newscom

Criminal Justice

The Legally Authorized Charges Against Donald Trump and Hunter Biden Don't Tell Us What Justice Requires

The nature of their conduct is a better indicator of the punishment they deserve.

Jacob Sullum | 8.2.2023 12:01 AM

A protestor outside President Donald Trump's arraignment |  Michele Eve Sandberg/Sipa USA/Newscom

Donald Trump

Should Donald Trump and Hunter Biden Both Be Prosecuted?

Plus: A listener question concerning drug decriminalization and social well-being

Matt Welch, Nick Gillespie, Peter Suderman, and Jacob Sullum | 7.31.2023 4:49 PM

Hunter Biden walks to a car while wearing a baseball cap | Mega/Newscom/APCAN/Newscom

Criminal Justice

How Hunter Biden's Plea Deal Fell Apart

A federal judge objected to two aspects of the agreement that seemed designed to shield Biden from the possibility that his father will lose reelection next year.

Jacob Sullum | 7.27.2023 3:10 PM

Hunter Biden could go to prison under an arbitrary gun law that his father steadfastly defends. | CBS Sunday Morning/Zuma Press/Newscom

Criminal Justice

Hunter Biden Shouldn't Go to Prison for Violating an Arbitrary Gun Law

A judge's questions about his plea deal should not obscure the point that the law he broke is unjust and arguably unconstitutional.

Jacob Sullum | 7.26.2023 2:50 PM

Murder

New Statistical Evidence Supports the "Minneapolis Effect" as an Explanation for Increases in Homicides

A recently published statistical analysis of homicide rates in New York City finds strong support for the hypothesis that de-policing resulting from the George Floyd protests caused the 2020 homicide spikes.

Paul Cassell |The Volokh Conspiracy | 7.17.2023 8:15 AM

Charles Foehner is seen walking backward up a driveway as Cody Gonzalez advances on him | YouTube

Criminal Justice

He's Facing Life in Prison for Owning Firearms Without a License

The government appears to agree that Charles Foehner shot a man in self-defense. He may spend decades behind bars anyway.

Billy Binion | 6.20.2023 4:16 PM

Like most mass shooters, the Allen, Texas, killer bought guns legally. | Chine Nouvelle/Sipa/Newscom

Gun Control

The Allen Massacre Underlines the False Promise of 'Universal Background Checks'

Mass shooters typically do not have disqualifying records, and restrictions on private gun sales are widely flouted.

Jacob Sullum | 5.10.2023 12:01 AM

President Joe Biden addresses a crowd in Wilkes-Barre, Pennsylvania, beneath a giant banner reading "SAFER AMERICA" | Aimee Dilger/ZUMAPRESS/Newscom

Gun Rights

If You Want Fewer Shootings, Ask Politicians To Back Off

It took years to break our society; we’ll be a long time making repairs.

J.D. Tuccille | 4.21.2023 7:00 AM

Footage from the set of 'Rust.' Actor and producer Alec Baldwin is shown behind a clapper which features the name of the film as well as cinematographer Halyna Hutchins, who was killed in a tragic on-set accident. | Santa Fe County Sheriff/MEGA / Newscom/GWGLA/Newscom

Guns

Prosecutor Drops Firearm Enhancement Against Alec Baldwin

After a tragic on-set accident, a district attorney used a law passed after the incident to threaten Baldwin with years in jail.

Joe Lancaster | 2.21.2023 1:00 PM

Picturing and naming shooters incentivizes fame-seeking shooters

Media

Are the Media Making Mass Shootings Worse?

Yes, according to a growing body of research, says criminologist Adam Lankford.

Zach Weissmueller | 9.16.2022 1:30 PM

Sen. Tom Cotton (R-Ark.) at the Capitol on May 24. 2022 | Tom Williams/CQ Roll Call/Newscom

Gun Control

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.

Jacob Sullum | 6.10.2022 4:25 PM

Rochelle-Walensky-testifying-11-4-21-Newscom | Michael Brochstein/Sipa USA/Newscom

Crime

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.

Jacob Sullum | 5.11.2022 3:55 PM

zumaamericasthirty655994 | Bob Daemmrich/ZUMAPRESS/Newscom

Guns

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.

J.D. Tuccille | 4.11.2022 10:09 PM

maria-lysenko-XWC5q9_Xp0o-unsplash | Photo by <a href="https://unsplash.com/@manunalys?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Maria Lysenko</a> on <a href="https://unsplash.com/s/photos/gun-control?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Unsplash</a>

Gun Control

San Jose's Insurance Requirement Is Privatized Gun Control

Politicians deputize the private sector to restrict rights protected from the government.

J.D. Tuccille | 1.31.2022 7:00 AM

zumaamericasthirtytwo966921 | Mark Hertzberg/ZUMAPRESS/Newscom

Guns

Kyle Rittenhouse Case Unlikely To Bring Tighter Gun Laws

Restrictions have little chance of moving beyond political theater, or of winning compliance if passed.

J.D. Tuccille | 11.22.2021 8:30 AM

shane-cottle-vxLQi7vvCvo-unsplash-2 | Photo by <a href="https://unsplash.com/@shanecottle?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Shane Cottle</a> on <a href="https://unsplash.com/?utm_source=unsplash&utm_medium=referral&utm_content=creditCopyText">Unsplash</a>

Guns

Don't Be Surprised if Gun Owners Don't Comply With Gun Control Laws

Getting a law passed is not the same thing as getting people to obey.

J.D. Tuccille | 8.25.2021 7:00 AM

zumaamericaseight510550 | Patrick Fallon/ZUMAPRESS/Newscom

Guns

Biden's Gun Schemes Illustrate the Foolishness of Firearms Regulations

Rules range from absurd to appalling without respect for civil liberties or basic logic.

J.D. Tuccille | 6.18.2021 7:00 AM

thumb | Illustration: Lex Villena; ID 41878567 © Zim235 | Dreamstime.com

Guns

3 Reasons Why Banning 'Assault Weapons' Is a Terrible Idea

A ban won’t stop mass shootings, but it will hinder self-defense.

Erik Nelson | 4.14.2021 2:20 PM

thumb | Illustration: Lex Villena; ID 200391085© Richard Villalon| Dreamstime.com, ID 50639754© Diana Eller| Dreamstime.com

Gun Control

No, It's Not Easier To Get a Rifle Than Vote

This awful gun control talking point won’t go away.

Trevor Burrus | 3.25.2021 1:36 PM

Untitled(7) | Bannon: Natan Dvir/Polaris/Newscom; Lil Wayne: GKUA.COM/MEGA / Newscom

Ross Ulbricht

Lil Wayne, Steve Bannon, and Some Drug War Victims Pardoned, but No Assange, Snowden, or Ulbricht

Plus: Pelosi wants 9/11-style commission to investigate Capitol attack, MyPillow drama, and more...

Elizabeth Nolan Brown | 1.20.2021 9:52 AM

Volokh Conspiracy

What Explains Why Homicides Are Increasing Significantly Across the Country Since Late May?

A "Minneapolis effect" from lack of policing is a possible explanation for the startling 37% increase in murders in major cities in recent weeks.

Paul Cassell |The Volokh Conspiracy | 7.29.2020 12:48 PM

Criminal Justice

How Mandatory Minimum Reform Will Work with "Stacked" Charges

My case involving Weldon Angelos illustrates the problem with "stacking" federal mandatory minimum gun charges from a single episode. The statute will apparently soon be amended to become a true recidivism statute.

Paul Cassell |The Volokh Conspiracy | 11.19.2018 10:32 AM

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