Several recent court decisions have concluded that the Second Amendment doesn’t protect gun possession in public places, but only in the home. I think that’s not correct, for reasons I discuss in PDF pp. 74-82 of this article; but today’s Commonwealth v. McCollum (Mass. App. Ct.) decision (you can find it for free here), takes […]
Archive | Guns
Illinois Supreme Court Victory for (Some) Nonresidents Who Transport Guns in Their Cars
The case is People v. Holmes (Apr. 7); the court overturned an appellate court decision that essentially barred people who don’t live in Illinois from transporting guns in their cars (since those people can’t get Illinois Firearm Owners Identification cards). Under the court’s interpretation of Illinois statutes, people who are “licensed or registered to possess […]
Personal Protection Is “Good and Sufficient Reason” for Carrying Gun to Church
Va. Stat. § 18.2-283 makes it a misdemeanor to “carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes.” Virginia Attorney General Cuccinelli has just issued an opinion concluding that “carrying a weapon for personal protection constitutes a […]
California Gov. Jerry Brown on Guns
The L.A. Times reports, [Gov. Jerry] Brown suggested that it’s ridiculous for opponents of his plan to transfer thousands of felons from state prisons to county jails to lampoon it as the “get a dog, buy a gun” bill. It’s perfectly natural for people to have those items in their homes anyway, he said. “I’ve […]
Baltimore Convicted Gun Offender Registration Ordinance
State v. Phillips (Md. Cir. Ct. Apr. 8) holds that a Baltimore ordinance (§ 19-60) that requires convicted gun offenders to register with the police is unenforceable and unconstitutional. The ordinance authorized the police department to create specific regulations indicating what information offenders must provide, but stated that “A copy of all rules and regulations […]
Wisconsin election results
After some looking around, I’ve settled on the Milwaukee Journal-Sentinel, and @daveweigel to follow for tonight’s Wisconsin Supreme Court election results. With 17% of precincts reporting, Prosser and Kloppenburg each have 50%. Folks interested in Justice Prosser’s record on right to arms issues can find some information in my article, The Licensing of Concealed Handguns […]
Alleged Defamation of Estranged Wife Leads to Order Not to Talk About Her, Loss of Gun Rights; Court of Appeal Reverses
The case is In re Marriage of Mendlowitz. The alleged slanders were an e-mail and a letter to the estranged wife’s business associates that seemed likely to interfere with her business relationships. They might indeed have led to a successful defamation lawsuit, and a lawsuit for interference with business relations. But a trial court judge […]
Colombian firearms policy bleg
One of my research interns is writing a paper on firearms law in Colombia. He has done an excellent translation of the statutes, and of analyzing the treatment of arms in the current and previous Colombian constitutions. But one issue that remains difficult is finding out about the actual operation of Colombia firearms laws. How […]
The Second Amendment and the Government as Proprietor
Some of the comments about the national park Second Amendment case show a familiar pattern. “Isn’t the Federal government acting as the property owner here? I thought nearly every jurisdiction allowed owners to forbid concealed carry by posting clear and prominent signs at each entry.” “The federal government as land owner can’t ban Black people […]
Fourth Circuit Upholds Ban on Loaded Gun Possession in Cars in National Park
The panel in United States v. Masciandaro split 2-1 in favor of not deciding outright whether the Second Amendment applies outside the home, and unanimously decided not to decide whether national parks fall within the “sensitive places” exception recognized by D.C. v. Heller for places such as schools and government buildings. But it held unanimously […]
A Rare Not-Total-Defeat for Felon Challenging Ban on Felon Gun Ownership
United States v. Pruess (4th Cir. Mar. 14) (unpublished): Before KING, DUNCAN, and KEENAN, Circuit Judges…. Gregory Roland Pruess pleaded guilty to possession of ammunition after having been convicted of a crime punishable by a term of imprisonment exceeding one year, in violation of 18 U.S.C. § 922(g)(1) (2006). His guilty plea was conditioned on […]
Constitutional Right to Prompt Hearing as to Return of Citizen’s Guns
From Razzano v. County of Nassau (E.D.N.Y. decided yesterday), an interesting decision holding that the gun owner wins under the Due Process Clause, and might also win under the Fourth Amendment (if he amends his complaint to plead it properly). There’s also a brief reference to the Second Amendment: “Moreover, the right to bear arms […]
Debates on gun control with Adam Winkler and John Donohue
Last month, I participated in a discussion about gun control on the Legal Talk Network with Adam Winkler of UCLA. It’s 35 minutes, and available here. As usual, Winkler was well-informed, amicable, and eager to engage in constructive dialogue. I also participated in a debate on WHYY, Philadelphia, with Stanford’s John Donohue. It’s 49 minutes, […]
Police Refuse to Give Gun Possession License Because of “Association” with Criminals, New Jersey Courts Reverse
In re Appeal by Barrett (N.J. App. Div. Feb. 16, 2011): By letter dated April 7, 2009, the Hillside Township Chief of Police (Chief) denied Starr Barrett’s application for a firearms purchaser identification card (FPIC) and handgun purchase permit (permit). After a hearing on November 20, 2009, the trial court reversed the Chief’s decision and […]
State Law Decision (from New York) on Felon Gun Possession
UPDATE: For news stories on the 2000 arrest of the applicant in this case, see here and here. The charges in that case were of quite serious misconduct, though of course they were just charges. In the Matter of Caputo (Feb. 8): James P. Caputo, Jr. has applied for a restrictive home premise handgun license […]