Archive | Guns

In yesterday’s Fisher v. Kealoha (D. Haw. Apr. 19, 2011), the district court let plaintiff proceed with his Second Amendment claim, in a way that suggests plaintiff might well win. In December 1997, Kirk Fisher pled guilty to two counts of misdemeanor “harassment” of his wife (who is apparently still his wife), and was placed […]

Illinois basically bans private citizens from carrying guns outside the home in any way that’s useful for immediate self-defense. Shepard v. Madigan (S.D. Ill. Mar. 30, 2012), has just upheld this ban; other courts, in California, Illinois, Maryland, and Massachusetts have done the same, though the federal district courts in Maryland and North Carolina, as […]

The provision now reads, “The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person”; SB 303 would propose a constitutional amendment that would instead say, The right of each citizen to […]

I don’t think we blogged about the case, but it got a good deal of attention a couple of years ago; for more, see this Reason piece. Today, a New Jersey appellate court reversed two of Aitken’s three convictions (for unlicensed transportation of a gun and for possession of a high-capacity magazine), and affirmed the […]

The case is today’s Fletcher v. Haas (D. Mass. Mar. 30, 2012), and it holds that the ban violates the Second Amendment because “permanent resident aliens are among ‘the people’ for whom the Second Amendment the United States Constitution provides a right to bear arms.”

Bateman v. Perdue (E.D.N.C. Mar. 29, 2012) involves a North Carolina law that bans “transport[ing] or possess[ing] off [one’s] own premises any dangerous weapon” when a state of emergency has been declared. “Due to natural disasters and severe weather, states of emergency are declared with some frequency in North Carolina. In 2010, for example, the […]

ABA members who are interested in this subject might want to join: The Civil Rights Litigation Committee of the American Bar Association (ABA) Section of Litigation has formed a Second Amendment Subcommittee. Subcommittee Goals/Objectives & Ways You Can Get Involved. • Case/Law Updates: If you hear of a Second Amendment-related case decision or major development […]

Last week’s State v. Christian (Ore. Ct. App. Mar. 21, 2012) considered a Portland, Oregon that provides, It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the […]

On Friday, March 9, Fordham Law School is holding an all-day symposium on the Second Amendment. The event is free, and open to the public. Or if you would prefer to pay, you can get CLE credits. Among the speakers are Gary Kleck, Nelson Lund, Robert Cottrol, Nicholas Johnson, Adam Winkler, and me. After the […]

When states have (or had) discretionary gun carrying license system, they have often provided that people who engage in “business activities that involve heightened risk, such as the need to carry cash or other ‘street valued’ commodities” should generally get licenses. (See this post, for instance, about the Maryland scheme.) The theory is that these […]

So holds United States v. Weaver (S.D. W. Va. Mar. 6, 2012). The judge expressly endorsed Judge Niemeyer’s separate opinion in United States v. Masciandaro (4th Cir. 2011) that concluded that the Second Amendment applies outside the home and not just in the home, and that restrictions on gun carrying must be tested under so-called […]

Maryland law provides that people may not carry a gun (concealed or otherwise) outside the home without a license, and the license is to be given only when the applicant has “good and substantial” reason to carry a gun. Such reasons, according to Maryland authorities, can be: “(1) business activities that involve heightened risk, such […]