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NYSPRA v. Bruen

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

Second Amendment

The 11th Circuit Revives a Constitutional Challenge to the Federal Law That Disarms Medical Marijuana Patients

The appeals court concluded that the government had failed to show that policy is consistent with "this Nation's historical tradition of firearm regulation."

Jacob Sullum | 8.25.2025 8:00 AM

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

A Glock 19 honoring Donald Trump | Glock

Second Amendment

The Trump Administration Defends the Federal Ban on Interstate Handgun Sales

In response to a Second Amendment lawsuit, the government says the restriction "serves legitimate objectives" and "only modestly burdens" the right to arms.

Jacob Sullum | 7.16.2025 2:05 PM

9th Circuit Judge Danielle J. Forrest | 9th Circuit

Second Amendment

The 9th Circuit Says California's One-Per-Month Limit on Gun Purchases Is Unconstitutional

The appeals court concluded that the restriction impinges on the right to arms and is not consistent with the historical tradition of firearm regulation.

Jacob Sullum | 6.23.2025 1:50 PM

Melynda Vincent | Facebook

Second Amendment

17 Years Ago, She Lost Her Gun Rights for Passing a Bad Check. She Wants SCOTUS To Rectify That Injustice.

Melynda Vincent is asking the justices to decide whether it's constitutional to disarm people based on nothing more than a nonviolent criminal conviction.

Jacob Sullum | 6.12.2025 3:00 PM

Colorado Governor Jared Polis speaks to reporters before signing a new gun control law. | Jesse Paul/Zuma Press/Newscom

Second Amendment

Colorado Will Soon Require a Discretionary Permit To Acquire Semiautomatic Rifles

The state may have a hard time showing that its broad restrictions are consistent with the "historical tradition of firearm regulation."

Jacob Sullum | 4.15.2025 4:30 PM

Mel Gibson in the 2024 movie Monster Summer | Nickel City Pictures/Novo Media Group/Album/Newscom

Second Amendment

Mel Gibson Controversy Highlights a Bigger Scandal: Many Americans Lose Their Gun Rights for No Good Reason

Millions of people are barred from owning firearms even though they have no history of violence, and they have essentially no recourse under current law.

Jacob Sullum | 3.12.2025 4:30 PM

handgun in a case | Kreangkrai Indarodom/Dreamstime.com

Second Amendment

The 5th Circuit Says the Federal Ban on Handgun Sales to Young Adults Is Unconstitutional

The government failed to persuade the appeals court that 18-to-20-year-olds are not part of "the people" or that the age restriction is consistent with the "historical tradition of firearm regulation."

Jacob Sullum | 1.30.2025 5:15 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

U.S. District Judge Stephen P. McGlynn | U.S. District Court for the Southern District of Illinois

Second Amendment

Federal Judge Enjoins Enforcement of the Illinois 'Assault Weapon' Ban

U.S. District Judge Stephen McGlynn says the law bans firearms covered by the Second Amendment and is not supported by historical precedent.

Jacob Sullum | 11.11.2024 1:40 PM

Gov. Gavin Newsom with the Bill of Rights in the background | Lex Villena; Tom Williams/CQ Roll Call/Newscom

Second Amendment

9th Circuit Partly Upholds Injunctions Against Location-Specific Gun Bans in California and Hawaii

The ruling says some restrictions on guns in "sensitive places" are constitutionally dubious but upholds several others.

Jacob Sullum | 9.9.2024 4:30 PM

A train station in Garfield, Illinois | CTA

Second Amendment

A Federal Judge Says Carry-Permit Holders Have a Right to Armed Self-Defense on Public Transit

The ruling concludes that the government failed to show an Illinois ban is "consistent with this Nation's historical tradition of firearm regulation."

Jacob Sullum | 9.4.2024 2:15 PM

A Smith & Wesson M&P15 riflle | Sportsmans Outdoor Superstore

Second Amendment

2 Contradictory Decisions on AR-15 Bans Reflect Clashing Views of Supreme Court Precedents

Does the Second Amendment allow the government to ban guns in common use for lawful purposes?

Jacob Sullum | 8.14.2024 12:01 AM

An AR-15 riifle lying on white planks | Stag1500/Wikimedia

Second Amendment

A Federal Judge Reluctantly Concludes That New Jersey's AR-15 Ban Is Unconstitutional

The decision shows that the Supreme Court has forced judges who like gun control to respect the Second Amendment anyway.

Jacob Sullum | 8.1.2024 3:55 PM

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

Chief Justice John Roberts | CNP/AdMedia/Sipa/Newscom

Second Amendment

Has SCOTUS Replaced One Kind of Unbridled Discretion With Another in Second Amendment Cases?

Although critics say the Court’s current approach is unworkable, it has been undeniably effective at defeating constitutionally dubious gun regulations.

Jacob Sullum | 6.26.2024 12:01 AM

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

A Glock 19 honoring Donald Trump | Glock

Second Amendment

Trump's Conviction Requires Him To Surrender His Guns. Civil Libertarians Should Be Troubled.

The former president's loss of his Second Amendment rights highlights an arbitrary restriction that applies to many people with no history of violence.

Jacob Sullum | 6.2.2024 7:40 PM

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

Second Amendment

In Hawaii, Permission To Use Medical Marijuana Precludes Permission To Own a Gun

The state's gun permit policy underlines the absurdity of assuming that cannabis consumers are too dangerous to be trusted with firearms.

Jacob Sullum | 5.27.2024 3:35 PM

Hunter Biden | Elder Ordonez/SplashNews/Newscom

Second Amendment

Here Is Why a Federal Judge Rejected Hunter Biden's Second Amendment Challenge to His Gun Charges

Likening drug users to people who are "mentally ill and dangerous," the ruling says barring them from owning firearms is not unconstitutional on its face.

Jacob Sullum | 5.12.2024 7:30 PM

Colorado State Capitol | Dennis MacDonald/agefotostock/Newscom

Gun Rights

Colorado Legislators Ditch Plan To Ban Guns in Dozens of 'Sensitive Places'

The amended bill applies only to schools, polling places, and certain government buildings.

Jacob Sullum | 4.5.2024 4:15 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

President Joe Biden delivering his 2024 State of the Union address | Tom Williams/CQ Roll Call/Newscom

Second Amendment

Biden Decries Criminalization of Cannabis Consumers Even As He Insists They Have No Second Amendment Rights

Hours before the president said "no one should be jailed" for marijuana use, his Justice Department was saying no one who uses marijuana should be allowed to own guns.

Jacob Sullum | 3.20.2024 3:05 PM

U.S. District Judge James Donato | Court Photo

Second Amendment

California Violated the Second Amendment by Disarming People Based on Nullified Convictions

A federal judge ruled that three men who committed nonviolent felonies decades ago are entitled to buy, own, and possess guns.

Jacob Sullum | 3.1.2024 3:05 PM

Hawaii Supreme Court Justice Todd Eddins | Facebook/Hawaii Governor's Office

Second Amendment

Hawaii's Supreme Court Insists There Is No Individual Right to Arms

Rejecting a challenge to the state's strict gun laws, the court is openly contemptuous of Second Amendment precedents.

Jacob Sullum | 2.8.2024 3:45 PM

A map of gun-free school zones in San Francisco | San Francisco Planning Department

Second Amendment

Based on Loose Reasoning, a Federal Judge Rejects a Challenge to the Gun-Free School Zones Act

The decision likens the federal law to Reconstruction era restrictions on firearms near polling places.

Jacob Sullum | 2.7.2024 12:01 AM

Gov. Gavin Newsom with the Bill of Rights in the background | Lex Villena; Tom Williams/CQ Roll Call/Newscom

Second Amendment

Gavin Newsom Defies the Supreme Court's 'Very Bad Ruling' on the Right To Bear Arms

California made carry permits easier to obtain but nearly impossible to use.

Jacob Sullum | 1.10.2024 12:01 AM

A handgun in a belt holster | Michael Tefft/Flickr

Second Amendment

9th Circuit Temporarily Restores the Right To Bear Arms As It Mulls California's New Gun-Free Zones

The state's law, which a federal judge enjoined last month, prohibits firearms in most public places.

Jacob Sullum | 1.8.2024 12:50 PM

A handgun in a holster | Mrhanson/Dreamstime.com

Second Amendment

California's 'Repugnant' Restrictions on Public Gun Possession Just Took Effect

After a federal judge deemed the state's location-specific gun bans unconstitutional, the 9th Circuit stayed his injunction.

Jacob Sullum | 1.1.2024 3:00 PM

handgun in holster | Ben Otano/Flickr

Second Amendment

2nd Circuit Rejects New York's Default Rule Against Guns in Businesses

The court upheld several other location-specific gun bans, along with the state's "good moral character" requirement for a carry permit.

Jacob Sullum | 12.13.2023 2:35 PM

California Gov. Gavin Newsom | Hector Amezcua/TNS/Newscom

California

California Defies SCOTUS by Imposing Myriad New Restrictions on Public Gun Possession

By banning firearms from a long list of "sensitive places," the state is copying a policy that federal judges have repeatedly rejected.

Jacob Sullum | 12.1.2023 3:05 PM

handgun in a case | Kreangkrai Indarodom/Dreamstime.com

Second Amendment

The 4th Circuit Says Maryland's Handgun Licensing Law Is Unconstitutional

Before buying a handgun, residents had to obtain a "qualification license," which could take up to 30 days.

Jacob Sullum | 11.22.2023 1:30 PM

Police officer stopping the driver of a vehicle | Photo 102200458 © Framestock Footages | Dreamstime.com

Second Amendment

He Lost His Gun Rights Because of a Misdemeanor DUI Conviction. That Was Unconstitutional, a Judge Says.

The case highlights the broad reach of a federal law that bans firearm possession by people with nonviolent criminal records.

Jacob Sullum | 11.15.2023 2:35 PM

Law & Government

New Article: The General Law Right to Bear Arms

with implications for the pending Supreme Court case of United States v. Rahimi

Will Baude |The Volokh Conspiracy | 10.31.2023 8:17 AM

Two functionally similar rifles, only one of which counts as an "assault weapon" | Illustration: Lex Villena

Assault Weapon Ban

It's Hard To See How the 9th Circuit Can Manage To Uphold California's 'Assault Weapon' Ban

The appeals court is reviewing an injunction by a judge who concluded that the law is inconsistent with the Supreme Court's Second Amendment precedents.

Jacob Sullum | 10.30.2023 4:10 PM

A handgun in a belt holster | Michael Tefft/Flickr

Second Amendment

A Federal Judge Enjoins Several Maryland Restrictions on Carrying Handguns

The decision is another rebuke to states that have imposed broad, location-specific limits on the right to bear arms.

Jacob Sullum | 10.4.2023 3:20 PM

A still from a USA Carry video on YouTube with a Glock and 15 round magazine | USA Carry/YouTube

Second Amendment

California's 10-Round Magazine Limit Is Unconstitutional, a Federal Judge Rules (Again)

"There is no American tradition of limiting ammunition capacity," U.S. District Judge Roger Benitez says, calling the state's cap "arbitrary," "capricious," and "extreme."

Jacob Sullum | 9.24.2023 4:50 PM

Bowie knife | Knife Magazine

Second Amendment

The History of Bans on Types of Arms Before 1900

David Kopel |The Volokh Conspiracy | 3.21.2023 1:15 PM

sensitive places

The sensitive places issue in New York Rifle

The Court should take care not to allow an exception to the right to bear arms swallow the rule

David Kopel |The Volokh Conspiracy | 11.8.2021 1:04 PM

NYSPRA v. Bruen

Surprising support for the right to bear arms

Reading the cited sources from Everytown's amicus brief

David Kopel |The Volokh Conspiracy | 11.3.2021 6:40 AM

NYSPRA v. Bruen

Bearing Arms in "Sensitive Places"

Some legal history and doctrinal suggestions.

David Kopel |The Volokh Conspiracy | 11.2.2021 3:26 AM

2nd Amendment

Luttig versus Kopel on the right to bear arms

Debate from the National Constitution Center on the impending Supreme Court case

David Kopel |The Volokh Conspiracy | 10.29.2021 5:23 PM

shutterstock_1307648458 | Shutterstock

NYSPRA v. Bruen

Amnesty International brief against right to bear arms

David Kopel |The Volokh Conspiracy | 10.13.2021 4:07 PM

Perkins pistol ca 1790 00185_r | NRA Museums

2nd Amendment

Second Amendment professors brief in Supreme Court right to bear arms case

American and English historical precedents show a robust individual right

David Kopel |The Volokh Conspiracy | 10.6.2021 6:31 PM

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