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The Latest Breaking News from Second Amendment

Second Amendment Roundup: NYC's "Good Moral Character" Requirement Void

An official may not deny the right to possess a firearm based on subjective criteria.

Reason

In the Kentucky governor's race, the gun policy debate is both personal and political

Kentucky Gov. Andy Beshear was struck by tragedy when one of his closest friends died in a mass shooting

The Independent UK

Illinois Appellate Court Upholds 90-Day Waiting Period for Concealed Carry Permit + $150 Fee

The Supreme Court in N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) held that the Second Amendment secures a right to carry guns in public places for self-defense, but added: To be clear, nothing in our analysis should be interpreted to suggest the unconstitutionality of the 43 States' "shall-issue"…

Reason

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Defending Your Dog Against Family Member Can Lead to Family Violence Protective Order

A Texas court holds that only self-defense—not defense of property—is excluded from such orders (which can also temporarily strip defendant of Second Amendment rights). And the same logic applies to force, even nonlethal force, used to defend your family members against another family member as well.

Reason

Second Amendment Roundup: Fusillade of Amicus Briefs Filed in Rahimi

A strong case is made against the ban on gun possession by persons subject to a DVRO.

Reason

Old gun controls that were constitutionally repealed are not precedents for modern gun control

Amicus brief in Supreme Court's Second Amendment Rahimi case

Reason

On Guns, Drugs, and National Security, Dianne Feinstein Was Consistently Authoritarian

The late California senator always seemed to err on the side of more government power and less individual freedom.

Reason

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New California Gun and Ammo Tax Becomes Law: What to Know

A new California gun control law doubles the tax on guns and ammunition purchased in the state.

Kiplinger

California's 10-Round Magazine Limit Is Unconstitutional, a Federal Judge Rules (Again)

"There is no American tradition of limiting ammunition capacity," U.S. District Judge Roger Benitez says, calling the state's cap "arbitrary," "capricious," and "extreme."

Reason

Gun groups fiercely oppose firearm restrictions. They support the charges against Hunter Biden

Second Amendment activists will endure a high-profile challenge to gun restrictions to score what they see as a political victory against the president. Alex Woodward reports

The Independent UK

New Mexico Gov. Michelle Lujan Grisham's Unconstitutional Gun Edict Was a Huge, Bipartisan Flop

The governor's attempt to rule by decree provoked widespread condemnation instead of the applause she was expecting.

Reason

Republicans want it both ways: less gun control and Hunter Biden gun charges

Conservative efforts to expand the second amendment are exactly what may help Hunter Biden in court

The Guardian - US

Is Hunter Biden’s gun case a test for the Second Amendment?

A Supreme Court decision expanding gun rights might have set a precent to protect him. But the charges he’s facing are rarely brought, raising questions about the case’s survival, legal experts tell Alex Woodward

The Independent UK

A US governor tried to ban guns amid ‘relentless’ violence. The lawsuits followed swiftly

A spate of violence spurred the New Mexico leader, Democrat Michelle Lujan Grisham, to take drastic and controversial action

The Guardian - US

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Reason

Federal Court Blocks N.M. Governor's 30-Day Ban on Gun Carrying in Albuquerque Area

In Wednesday's Nat'l Ass'n for Gun Rights [and companion cases] v. Grisham, Judge David Herrera Urias (D.N.M.) issued a temporary restraining order blocking the ban. The court's reasoning was simple: In Bruen, the Supreme Court held that the Second Amendment generally protects a right to carry arms in most public…

Reason

Second Amendment Roundup: "He's at It Again!"

Merrick Garland proposes ever-more intrusive ATF regulations.

Reason

New Mexico's Governor Suspends the Right To Bear Arms, Saying the Second Amendment Is Not 'Absolute'

Local police officials are leery of enforcing Michelle Lujan Grisham's ban on public carry, which gun rights groups have challenged in federal court.

Reason

Challenge to N.M. Governor's Ban on Public Gun Carry in Albuquerque and Surrounding County

From the motion for a temporary restraining order in Nat'l Ass'n for Gun Rights v. Grisham, filed yesterday in New Mexico federal court (paragraph numbering removed). Governor Grisham issued Executive Order 2023-130 (the "Executive Order") on September 7, 2023…. In the Executive Order Governor Grisham declared that a state of…

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Reason

Free "2023 Supplement" for "Firearms Law and the Second Amendment"

Covering the many developments in 2022-23.

Salon

Gun owners: It's time to stand up

I'm a gun owner and a former MAGA Republican. I have a message for my former tribe: Is this really what you want?

Reason

That School Is Still Treading on Jaiden Rodriguez's Free Speech Rights

The district is still censoring the Gadsden flag patch as well as Second Amendment advocacy, according to FIRE.

Reason

Court Strikes Down W. Va. Law Restricting Property Owners from Asking Visitors About Whether They Have Guns in Their Parked Cars

From yesterday's decision by Judge John T. Copenhaver, Jr. (S.D. W. Va.) in W. Va. Coalition Against Domestic Violence, Inc. v. Morrisey (some formatting changed); note that the court upheld some other provisions of the law, which I discuss in a separate post: In March 2018, the West Virginia Legislature…

Reason

Four Eighth Circuit Judges Argue That Felons Don't Categorically Lose Second Amendment Rights

The opinion is today's dissent from denial of rehearing en banc in U.S. v. Jackson (8th Cir.), written by Judge David Stras, joined by Judges Ralph Erickson, Steven Grasz, and Jonathan Kobes: By cutting off as-applied challenges to the federal felon-in-possession statute, Jackson and Cunningham [two recent Eighth Circuit panel…

Reason

Second Amendment Roundup: Looking for Historical Tradition in All the Wrong Places

The Government drops reference to the slave codes as a historical analogue in Rahimi.

Reason

Without a Diversion Agreement, Hunter Biden Could Go to Prison Under an Arbitrary Gun Law His Dad Supports

Special Counsel David Weiss will face a Second Amendment challenge if he prosecutes the president's son for illegally buying a firearm.

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