Statute
Second Amendment
750 published works
Sentencing Law and Policy
<em>Bruen</em> brouhahas: split Seventh Circuit panel remands for "Ph.D.-level historical inquiry" on felon in possession
I just saw that earlier this week the Seventh Circuit had an interesting new ruling adding to what I am now going to call the Bruen brouhahas surrounding federal criminal…
Criminal
<em>Bruen</em> brouhahas: split Seventh Circuit panel remands for “Ph.D.-level historical inquiry” on felon in possession
I just saw that earlier this week the Seventh Circuit had an interesting new ruling adding to what I am now going to call the Bruen brouhahas surrounding federal criminal…
Sentencing Law and Policy
With <em>Bruen</em> follow-up cases making their way to SCOTUS, round-ups of federal Second Amendment litigation
Just shy of a year ago, the Supreme Court handed down its landmark Second Amendment decision in Bruen, and at the time I suggested in a series of posts (some…
Other
With <em>Bruen</em> follow-up cases making their way to SCOTUS, round-ups of federal Second Amendment litigation
Just shy of a year ago, the Supreme Court handed down its landmark Second Amendment decision in Bruen, and at the time I suggested in a series of posts (some…
Criminal
Ninth Circuit panel rejects claim that <em>Bruen</em> precludes guideline sentence enhancement for gun possession
I already have blogged a bit about various ways the Supreme Court's landmark Second Amendment ruling in Bruen raises all sort of new and challenging questions about the enforcement of…
Sentencing Law and Policy
Arguing that Second Amendment rulings are serving "as a tool of progressive constitutionalism"
This new Slate commentary by Mark Joseph Stern, headlined "Progressive Judges May Have Found a Use for Clarence Thomas’ Terrible Guns Ruling," notes the alignment of judges in the recent…
Administrative and Regulatory
Arguing that Second Amendment rulings are serving “as a tool of progressive constitutionalism”
This new Slate commentary by Mark Joseph Stern, headlined "Progressive Judges May Have Found a Use for Clarence Thomas’ Terrible Guns Ruling," notes the alignment of judges in the recent…
Administrative and Regulatory
<em>En banc</em> Third Circuit rules, based on <em>Bruen</em>, that federal felon-in-possession law is unconstitutional when applied to nonviolent, nondangerous offender
Creating a circuit split concerning the lawfulness of a frequently-applied federal gun control provision, the full en banc Third Circuit today found unconstitutional the application of federal felon-in-possession law to…
Pennsylvania Family Law
Third Circuit Steps into “Range” with A New 2nd Amendment Case.
We repeat what we wrote in the blog post of May 12. This is not a 2nd Amendment blog. But since the N.Y. State Rifle case was issued by the…
Criminal
Eighth Circuit panel rejects constitutional challenge to federal felon-in-possession prohibition
An Eighth Circuit panel today issued a significant ruling rejecting a federal criminal defendant's claim that "he had a constitutional right under the Second Amendment to possess a firearm as…