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Second Amendment
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Constitutional Law Prof Blog
Seventh Circuit Overturns Illinois Prohibition on Carrying Guns
By ConLawProf initials at end of post
A divided three-judge panel of the Seventh Circuit ruled today in Moore v. Madigan that Illinois's prohibition on carrying a ready-to-use gun outside the home violates the Second Amendment. The crux…
Surf and Turf Law
Seventh Circuit Affirms Right to Bear Arms Outside of Home
Judge Richard Posner, writing for the majority on a Seventh Circuit panel, struck down Illinois' ban on firearms possession outside the home as unconstitutional under the 2nd Amendment. The decision…
Surf and Turf Law
Oral Arguments at Ninth Circuit for Hawaii 2nd Amendment Case
Yesterday, the Ninth Circuit Court of Appeals heard oral argument in the Baker v. Kealoha case The argument can be heard at - Download 12-16258 (1).. Our earlier post here.The Plaintiff's Opening Brief is: here.The…
Constitutional Law Prof Blog
District Court Upholds Federal Ban on Body Armor
By ConLawProf initials at end of post
Judge Thomas Johnston (WDWV) ruled in U.S. v. Mark that the federal ban on body armor possession by a convicted felon did not violate the Second Amendment or Due Process Clause,…
Constitutional Law Prof Blog
Daily Read: Rostron on the Second Amendment After Heller and McDonald
By ConLawProf initials at end of post
The central argument of ConLawProf Allen Rostron's article, Justice Breyer’s Triumph in the Third Battle overthe Second Amendment, published at 80 George Washington Law Review 703 (2012), and available in…
Constitutional Law Prof Blog
Second Circuit on Second Amendment: New York’s Gun Licensing Limitation for Concealed Handguns Is Constitutional
By ConLawProf initials at end of post
In a unanimous opinion today, a Second Circuit panel in Kachalsky v. County of Westchester upheld New York's requirement that applicants prove “proper cause” to obtain licenses to carry handguns for…
Constitutional Law Prof Blog
Fifth Circuit Upholds Ban on Gun Sales to Those Under 21 Years
By ConLawProf initials at end of post
A three-judge panel of the Fifth Circuit in NRA v. ATF upheld the federal ban on gun sales by federal firearms licensees to those under 21 years of age against a…
The Contingency
Heller Allows Ban on Sale of Handguns to Minors, Fifth Circuit Rules; Second Amendment Permits Limits
Do you own a handgun? If so, did you yourself purchase it? Did you do so before you turned 21? And, regardless, do you believe a person in the 18…
Sentencing Law and Policy
“Decisional Minimalism and the Judicial Evaluation of Gun Regulations”
Main September 9, 2012"Decisional Minimalism and the Judicial Evaluation of Gun Regulations" The title of this post is the title of this intriguing looking new piece by Professor Richard Boldt…
Surf and Turf Law
Ninth Circuit Brief – Hawaii’s Firearms Law is Reasonable Restriction on 2nd Amendment Rights
Several years ago, the Supreme Court handed down a noteworthy decision regarding the not-frequently litigated 2nd Amendment to the U.S. Constitution. In Heller v. District of Columbia, the Supreme Court…