So holds last week’s Barletta v. Rilling (D. Conn. Sept. 26, 2013), in a decision that — if upheld — may pave the way for similar decisions with regard to bans on gun ownership by (nearly) all felons. The court applies the “rational basis” test, under which nearly all legal classifications are upheld, but concludes […]
Archive | Guns
California High School Blocks NRA T-Shirt Because It Depicts a Weapon
[UPDATE: The school has backed down, see below.] So reports CBS Los Angeles: Sophomore Haley Bullwinkle said when she wore her NRA shirt to Canyon High School last month, she landed in the principal’s office for violating the school’s dress code that forbids offensive, violent or divisive clothing…. The shirt … features a buck, an […]
No Veto Override for Proposed Missouri Ban on Publishing Names of Gun Owners or Concealed Carry Permit Holders
I sharply criticized the proposed ban — part of a broad pro-gun-rights law that passed both houses of the Missouri Legislature, and was then vetoed by the Governor (partly on free speech grounds) — two weeks ago. A week later, the state House voted to override the veto, but the state Senate override failed, by […]
Triggering the Second Amendment: Lund v. Rosenthal
This afternoon, in honor of Constitution Day (and because the Byrd Amendment requires it), Case Western Reserve University hosted a debate between Professor Nelson Lund of George Mason University School of Law and Professor Laurence Rosenthal of Chapman University’s Fowler School of Law. The forum, “Triggering the Second Amendment: The Constitutionality of Gun Rights and […]
Illinois Supreme Court: Second Amendment Protects Carrying Outside the Home
From today’s unanimous decision in People v. Aguilar (Ill. Sept. 12, 2013): As the Seventh Circuit correctly noted, neither Heller nor McDonald expressly limits the second amendment’s protections to the home. On the contrary, both decisions contain language strongly suggesting if not outright confirming that the second amendment right to keep and bear arms extends […]
The Colorado Recalls Explained
By David Kopel on September 11, 2013 3:16 am in "Bullying" Bans, Constitutional Law, Fifth Amendment, Fourteenth Amendment, Guns, Libertarianism, Popular Constitutionalism
Yesterday voters in Colorado recalled two State Senators. One result was not a surprise, and the other is a shock. Of course the votes are Second Amendment victories for the right to arms, but more fundamentally, they are Fourteenth Amendment victories for Due Process of Law. Former State Senate President John Morse represented Colorado Springs, […]
Missouri Considering Ban on Publishing Names of Gun Owners or Concealed Carry Permit Holders
Here’s one part of a Missouri bill that passed both houses of the legislature, that was vetoed by the Governor, and that is now up for a veto override vote: 1. [It shall be a misdemeanor for a] person or entity [to] publish the name, address, or other identifying information of any individual who owns […]
Interesting Self-Defense Story
From the Sarasota Herald Tribune: [Vickie] Rock, 50, of Riverview, came outside armed with a .45-caliber handgun and saw [Daniel] Robertson beating [his girlfriend Christy] Vasilakos with a metal object, said Hillsborough sheriff’s spokesman Larry McKinnon. When Rock tried to intercede, Robertson turned on her. Rock suffered several facial injuries before firing at least one […]
Second Amendment Secures Some Right to Carry Loaded Firearms in Public Places
So states State v. Christian (Ore. Aug. 15, 2013): [W]e conclude in the first instance that the ordinance [limited carrying] does, to some extent, burden protected conduct falling within the scope of the Second Amendment’s guarantee. [Footnote: … Although Heller did not define the scope of the right to self-defense outside the home, we read […]
Loaded Means Loaded
From State v. Dor (N.H. May 7, 2013): On May 8, 2012, police searched the defendant’s vehicle and found a .40 caliber semi-automatic pistol adjacent to a loaded magazine in the vehicle’s glove compartment. The pistol did not have a cartridge in the chamber or a magazine in the magazine well. The State charged the […]
Interesting New Gun Case from Massachusetts’ Highest Court
From Firearms Records Bureau v. Simkin (Mass. Aug. 8, 2013): Simkin is a New Hampshire resident and a federally licensed firearms dealer who is engaged in the “buying and selling [of] firearms in the region, from private parties, at gun shows, and at auctions.” Since 2002, he has held a temporary nonresident Class A unrestricted […]
Brady Campaign Lawsuit Against Armslist Dismissed
The decision is Vesely v. Armslist, LLC (N.D. Ill. July 29, 2013) (thanks to the Media Law Resource Center for the pointer). Here’s the Brady Campaign’s theory: On April 13, 2011, Jitka Vesel, a 36-year-old immigrant from the Czech Republic was shot and killed by Demetry Smirnov, a Russian immigrant residing in Canada who had […]
Third Circuit Upholds New Jersey’s Highly Restrictive Scheme for Gun Carry Licenses
The case is today’s Drake v. Filko (3d Cir. July 31, 2013), a 2-1 decision. I agree with the dissent, except that I think intermediate scrutiny isn’t the right standard to apply to such a broad restriction on the right to carry guns for self-defense. My guess is also that there’s a decent chance that […]
Blegs on firearms training for people with disabilities
Are you a firearms trainer with extensive experience in teaching people who have disabilities? Or do you know someone who is? If so please contact me at david@i2i.org. I would like to learn from your expertise, for a case which involves the intersection of the Second Amendment and the Americans with Disabilities Act.
Successes in Colorado Sheriffs’ Second Amendment case
By David Kopel on July 15, 2013 6:20 pm in Civil Rights, Constitutional Law, Guns, Legal Terms, Self-Defense
This post provides an update on last week’s developments in Cooke et al. v. Hickenlooper. This is a lawsuit filed May 17 in federal District Court in Denver, challenging two gun laws enacted by the state legislature in March. In the case, I represent 55 of Colorado’s 62 elected Sheriffs, plus one retired police officer. Other […]