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Second Amendment

750 published works

  1. California Public Safety Labor Blog

    Federal Judge Permanently Enjoins California Fee-Shifting Law Against Plaintiffs Bringing Second Amendment Challenges

    By Mastagni Law

    In a major victory for the First Amendment right to petition the courts to enforce Constitutional Rights, U.S. District Court Judge Roger Benitez permanently enjoined enforcement of California Code of…

  2. Land Use Prof Blog

    2022 Federal Land Use Law & Litigation…now edited by me!

    By Stephen R. Miller

    It has been out for several months, but I wanted to note that I took over the Federal Land Use Law & Litigation treatise this year.  Although the book is…

  3. Sentencing Law and Policy

    Justice Department tells federal district judge "it is unnecessary … to appoint an historian to assist" in resolving defendant's Second Amendment claim

    By Douglas Berman

    In this post last month, I flagged a fascinating order authored by US District Judge Carlton Reeves in a case in which a defendant was brining a Second Amendment challenge…

  4. Sentencing Law and Policy

    Some news and commentary amid the continuing <em>Bruen</em> brouhaha over the Second Amendment

    By Douglas Berman

    Regular readers likely recall my series of posts right after the Supreme Court's big Second Amendment decision Bruen (basics here) in which I suggested that a number of broad federal criminal firearm…

  5. Criminal

    Some news and commentary amid the continuing <em>Bruen</em> brouhaha over the Second Amendment

    By Douglas Berman

    Regular readers likely recall my series of posts right after the Supreme Court's big Second Amendment decision Bruen (basics here) in which I suggested that a number of broad federal criminal firearm…

  6. The Faculty Lounge

    Is Justice Thomas’s Jurisprudence Turning the Constitution into a Homicide Pact?

    This piece has gotten a lot of attention, so I am moving it to the top today. My new essay at The Hill explains how the Supreme Court’s Bruen decision…

  7. Ogletree Deakins Insights

    Guns in the Workplace After the Supreme Court’s Bruen Decision: What Has Changed, and What Can Employers Expect?

    By By: Jeff S. Mayes

    On June 23, 2022, the Supreme Court of the United States issued a 6–3 decision in New York State Rifle & Pistol Association v. Bruen that expanded the right of…

  8. Simple Justice

    Gun Rights and Punishment

    By Scott Greenfield

    For much of this nation’s history, people convicted (and often merely charged) with crimes were denied rights afforded “people” under the Constitution. To a surprisingly large extent in retrospect, this…

  9. Administrative and Regulatory

    Third Circuit panel upholds constitutionality § 922(g)(1)’s felon-in-possession gun prohibition after <em>Bruen</em>

    By Douglas Berman

    A Third Circuit panel today issued the first major circuit ruling upholding the constitutionality of 18 U.S.C. § 922(g)(1), federal laws categorical prohibition on felons possession of firearms or ammunition…

  10. Sentencing Law and Policy

    Another district court finds § 922(n), which criminalizes a person under indictment from receiving a firearm, to be unconstitutional

    By Douglas Berman

    In this post from a couple of months ago, I noted the notable 25-page ruling in US v. Quiroz, No. PE:22-CR-00104-DC (W.D. Tex. Sept. 19, 2022) (available here), in which a…