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Second Amendment

750 published works

  1. Criminal

    A little commentary on the Third Circuit’s big Second Amendment ruling in <em>Range</em>

    By Douglas Berman

    Last week, as noted here, the fully Third Circuit again found the federal felon-in-possesion criminal ban to be unconstitutional as applied to Byran Range.  This outcome, as well as the…

  2. Appellate and Supreme Court

    En banc Third Circuit again finds federal felon-in-possesion ban unconstitutional as applied to Byran Range

    By Douglas Berman

    Eighteen month ago, as reported in this post, the full en banc Third Circuit found unconstitutional, on the basis of the landmark Second Amendment Bruen opinion, the application of federal…

  3. inversecondemnation.com

    A Takings Clause Vibe In A Second Amendment Case

    By Robert H. Thomas

    We've been following a Second Amendment case, Hawaii v. Wilson, as it awaited the U.S. Supreme Court's decision whether to accept review. Not because it is relevant to the usual…

  4. Sentencing Law and Policy

    Fifth Circuit panel reverses notable Second Amednment dismissal of federal felon-in-possession prosecution

    By Douglas Berman

    I noted in prior posts (assembled below) the work of US District Judge Carlton Reeves in a case after the Supreme Court's landmark Bruen ruling in which a defendant challenged application…

  5. Chicago Criminal Law Blog

    Federal District Court Rules Illinois Assault Rifle Ban Unconstitutional

    By Darryl Goldberg

    District Court Ruling Sets Up Appellate Court Battle As we have previously covered, multiple times, a court made a key ruling around the Illinois statewide ban against the future sale,…

  6. ImmigrationProf Blog

    Immigration Article of the Day: The Second Amendment Rights of Undocumented Immigrants by Alan Mygatt-Tauber

    By immigrationprof

     The Second Amendment Rights of Undocumented Immigrants by Alan Mygatt-TauberAbstract In 2008’s District of Columbia v. Heller, the Supreme Court, for the first time, held that the Second Amendment protects an individual…

  7. Sentencing Law and Policy

    Lots of <em>Rahimi</em> GVRs and a curious GVR in long-simering Eighth Amendment capital eligibility case in new SCOTUS order list

    By Douglas Berman

    The Supreme Court is back in action this week, and this morning it released this notable new order list.  The start and end of the list will be of greatest…

  8. Sentencing Law and Policy

    Notable new accounting of post-<em>Bruen</em> Second Amendment claims brought by 1,450 criminal defendants

    By Douglas Berman

    This new Trace article, headlined "A Supreme Court Decision Claimed to Take Partisanship Out of Gun Cases. It Didn’t," provides a new accounting of Second Amendment cases since the Supreme…

  9. Criminal

    Notable new accounting of post-<em>Bruen</em> Second Amendment claims brought by 1,450 criminal defendants

    By Douglas Berman

    This new Trace article, headlined "A Supreme Court Decision Claimed to Take Partisanship Out of Gun Cases. It Didn’t," provides a new accounting of Second Amendment cases since the Supreme…

  10. The Faculty Lounge

    CFP: Penn State Dickinson Law Review Second Amendment Symposium

    This just in: The landscape of the Second Amendment has radically shifted post-New York State Rifle & Pistol Association v. Bruen. Every day, courts are holding that various long-standing firearms…