Archive | Guns

The opinion is United States v. Chester, just decided today; thanks to Prof. Doug Berman (Sentencing Law & Policy) for the pointer. I’ll blog more after I read it, but here’s the conclusion from the two-judge majority: We cannot conclude on this record that the government has carried its burden of establishing a reasonable fit […]

“We hold that R.C. 9.68 [the preemption statute] is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.” City of Cleveland v. State. The court reversed the Ohio Court of Appeals’ decision striking down the law on state home rule and separation of powers grounds. The […]

From Judge Ikuta’s concurrence in U.S. v. Duckett (9th Cir. Dec. 17): Although I join the majority in full [in, among other things, rejecting the defendant’s Second Amendment argument on the strength of Vongxay -EV], were I not bound by United States v. Vongxay, 594 F.3d 1111 (9th Cir.2010), I would examine whether, notwithstanding the […]

In State v. Tomas (Ohio Ct. Com. Pl. Dec. 7), Marinko Tomas was prosecuted for violating Ohio Rev. Code. § 2923.13(A)(3): Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if … (3) The person is under […]

From Mishaga v. Monken (C.D. Ill., decided Monday), which rejected the government’s motion to dismiss the claim: According to the Complaint, Plaintiff Ellen Mishaga is a resident of Ohio who frequently travels to Illinois. Mishaga stays in the home of friends while in Illinois. She wishes to possess a functional firearm for her personal protection […]

As I mentioned in my Implementing the Right to Keep and Bear Arms in Self-Defense article (PDF p. 57), “[B]ans on felon possession of firearms also affect their law-abiding spouses, girlfriends and boyfriends, and other housemates: Those people might be unable to safely possess guns in their homes because of the possibility that their felon […]

An order handed down yesterday, in Heller v. D.C. (D.C. Cir.): BEFORE: Ginsburg, Henderson, and Kavanaugh, Circuit Judges O R D E R It is, on the court’s own motion, ORDERED that the parties file supplemental briefs addressing the following questions: (1) After the Home Rule Act, Pub. L. No. 93-198, 87 Stat. 774 (1973) […]

From State v. Rogers (Ohio Ct. App., decided Monday) (one paragraph break added): We find the five-year firearm condition/sanction against appellant for a misdemeanor violation of R.C. 2923.15(A) [using a weapon while intoxicated] under these circumstances was unreasonable, overbroad, and an unwarranted implication of his Second Amendment rights. We have herein affirmed appellant’s conviction and […]

From Herrington v. United States, decided today by D.C.’s highest court (the D.C. Court of Appeals): Appellant Kevin Herrington was convicted in 2006 of unlawful possession of ammunition (UA), in violation of D.C. Code § 7-2506.01 (2001) (now § 7-2506.01(a) (Supp. 2010)). His conviction was based solely on evidence that he possessed handgun ammunition in […]