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Fundamental rights are not granted by Albany. They are recognized by the Constitution and protected from government infringement. That is precisely why Bruen mattered. It reminded...
The Supreme Court’s Hemani decision reinforces a simple constitutional reality: the government cannot restrict the right to keep and bear arms unless it can prove the restriction f...
The Supreme Court's Bruen (2022) ruling was key to the preliminary injunction secured by the NRA against Virginia's "assault weapons" and magazine ban. The post Bruen (2022) Key to...
The Fifth Circuit’s Ten Commandments ruling is about more than religion in schools. It shows Bruen’s text-and-history method spreading through constitutional law.
The Supreme Court’s decision in Wolford v. Lopez does more than defeat Hawaii’s private-property carry restriction. It also limits how lower courts can dodge Bruen and narrow the S...
When the Supreme Court decided Bruen, holding that the constitutionality of laws restricting the fundamental right to keep and bear arms under the Second Amendment, it was obvious...
Justice Ketanji Brown Jackson joined the unanimous judgment protecting Ali Hemani’s Second Amendment rights. Her concurrence, however, called Bruen a “failed experiment” and urged...
June brought two Second Amendment decisions. In United States v. Hemani, the court unanimously sustained Ali Hemani’s challenge to his indictment under 18 U.S.C. § 922(g)(3), for p...
The Supreme Court's unanimous decision in Hemani.
The Ninth Circuit illogically excludes firearm parts from the text of “arms.”
The question is whether the Constitution guarantees the right to possess AR-15 platform and similar semiautomatic rifles.
In 1976, many gun owners believed the Second Amendment was nearly lost. As America turns 250, the movement has delivered Heller, McDonald, Bruen, permitless carry in 29 states, and...
A Seventh Circuit panel led by Judge Frank Easterbrook signaled that lifetime gun bans for people once committed to a mental institution may require proof of present dangerousness.
The General Assembly tests the courts to see what it can get away with.
California’s Glock-style pistol ban remains in force after a federal judge rejected the DOJ’s emergency request, but the central Second Amendment question remains unanswered.
The Supreme Court ruled that Hawaii cannot make concealed carry illegal by default in businesses open to the public, handing gun owners a major post-Bruen victory.
From today's Second Circuit decision in Christian v. Keane, in an opinion by Judge Joseph Bianco, joined by Judge Eunice Lee… The post The Second Amendment, Guns on Private Propert...
If states may simply enact new statutes every time SCOTUS strikes down the old ones, judicial review becomes little more than an advisory opinion.
After striking down Hawaii’s “vampire rule” in Wolford, the Supreme Court again refused to settle whether 1791 or 1868 controls the Second Amendment’s historical test.
Aloha to Hawaii’s Vampire Rule on private property open to the public.
Four major gun-rights groups say 1.17 million registered SBRs are protected arms. Their Sixth Circuit brief argues the NFA registry rests on a 1934 drafting accident, not American...
In previous articles, I explored two of the biggest unanswered questions in the Second Amendment space: Who are “the people,” and what constitutes “Arms”? Both of these questions s...
The Supreme Court’s 9-0 Hemani judgment rejected automatic disarmament based solely on regular marijuana use. Its rigorous historical analysis could also spell trouble for Hawaii’s...
The restoration of the Second Amendment began with a lone concurrence in 1997.
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