The Supreme Court by a 6 to 3 decision strikes down Hawaii's regulations restricting concealed carry. In addition to Hawaii, the states of California, Maryland, and New York had similar laws. None of those four states were ever able to enforce those laws thanks to...
We wrote about the U.S. v Hemani case when the oral arguments took place, and the Supreme Court's unanimous decision written by Justice Gorsuch is consistent with what we wrote. The concurring decision by Justices Jackson and Sotomayer is comical in its logical...
Justice Thomas' concurrence highlights a massive loophole in the Protection of Lawful Commerce in Arms Act (PLCAA). The law lets plaintiffs sue gun companies if they "knowingly violated a State or Federal statute" tied to firearm sales or marketing, but the court is...
A copy of the Supreme Court's decision in the VanDerStok case is available here. This case was a regulatory issue, not a Constitutional question. This was not a Second Amendment case. The decision contains some positive news as well as some negative news. On the...
If you haven't seen Judge Lawrence VanDyke of the 9th Circuit video that he put out as part of his dissent in an en banc decision banning large-capacity magazines, it is worth watching. https://www.youtube.com/watch?v=DMC7Ntd4d4c
We reject Wilson’s constitutional challenges. Conventional interpretive modalities and Hawaiʻi’s historical tradition of firearm regulation rule out an individual right to keep and bear arms under the Hawaiʻi Constitution. In Hawaiʻi, there is no state constitutional...
U.S. District Judge Kathryn Kimball Mizelle in Florida ruled Friday that a law banning Americans from possessing guns in postal offices is unconstitutional. The case, US v Ayala, involved a postal worker, Emmanuel Ayala who had possessed a firearm a Post Office. The...
There has been a lot of legal back and forth California's new concealed handgun that law bans carrying guns in 26 new places; most public places, including public parks and playgrounds, churches, banks, and zoos, go into effect today (see the list below). Going into...
The 5th Amendment states: "nor be deprived of life, liberty, or property, without due process of law." So how can Red Flag laws then take away a person's guns ("property") without Due Process? Under the plain reading of the text, the provision doesn't allow people to...
U.S. District Judge Renée Marie Bumb, a George W. Bush nominated judge, originally suspended most of New Jersey's new restrictive concealed handgun law. But a three-judge federal appeals panel for the Third Circuit in a 2-to-1 split paused that preliminary injunction....
On May 10, 2023, U.S. District Court Judge Robert E. Payne has a decision striking down the Federal ban on handgun sales. A copy of his decision is available here. “Commonsense and logic tell us that, unless one is a maker of guns, the right to “keep”/have a gun...
In a powerfully written decision, Judge Stephen P. McGlynn of the Southern District of Illinois said Illinois' new assault weapon ban known as the Protect Illinois Communities Act, or PICA, is likely to be found unconstitutional when the case goes to trial, and the...