Eric Adams thinks he can give the police more power to hunt for guns without making innocent minority men the inevitable target.
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.
Restrictions have little chance of moving beyond political theater, or of winning compliance if passed.
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.
Plus: Yale University faces an interesting lawsuit, the ACLU takes a stance on student loan debt, and more...
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.
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.”
Despite a tragic on-set death, there is no need to involve police officers in still more aspects of people's lives.
Judge Bruce Schroeder rightly reprimanded Assistant District Attorney Thomas Binger for what he called a "grave constitutional violation."
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A majority of the Court voiced skepticism about the state’s conceal-carry licensing scheme.
The idea that massive government spending, hate speech laws, and gun control will improve America—when they failed horribly elsewhere—is a dangerous myth.
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 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.
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.
Former Judge Luttig's arguments are off base.
The Massachusetts Model was not a carry ban and required aggressive behavior before it applied.
New York takes a long shot at saving its firearm carry ban.
The justices robe up for another term.
Young people who came of age after 9/11 aren't snowflakes despite being exposed to a series of catastrophic events and apocalyptic news narratives.
"Restrictions on guns in public spaces are appropriate to make public spaces safe for democratic participation."
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By and large, those schemes (like Texas’s SB 8 liability for abortion providers) must be fought by raising the Constitution as a defense in a civil lawsuit—not through preenforcement challenges.
Stopping the import of Russian ammo is just pretending to do something noble.
Getting a law passed is not the same thing as getting people to obey.
So holds the Third Circuit, applying intermediate scrutiny to a limit on center-fire rifle shooting and to a requirement that clubs be nonprofit.
The laws require that “individuals purchase a handgun ... within 10 days of obtaining a permit to acquire” (Hawaii law requires such a permit) and that “individuals physically bring their firearm to the police department for in-person inspection and registration within five days of acquiring it.”
"Any contrary holding 'would eviscerate Fourth Amendment protections for lawfully armed individuals' by presuming a license expressly permitting possession of a firearm was invalid."