Federal public defender Kendra Hutchinson braved an uphill climb on December 12, presenting a despondent Second Amendment challenge before a panel consisting of U.S. Second Circuit Judges and Biden appointees Beth Robinson, Myrna Perez and Allison Nathan. Needless to say, any argument based on Americans’ gun rights is bound to fall on deaf ears in … Read more
Bryan Range pleaded guilty in 1995 to food stamp fraud in Pennsylvania. He served three years probation, paid restitution and a small fine. He also lost his gun rights. That’s because “his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. That conviction precludes Range from possessing a firearm because … Read more
…Rahimi exposes two different problems with Bruen: The first problem is that its command to courts to measure contemporary gun regulations by the yardstick of “historical analogues” yields a profoundly subjective test that will lead principled judges acting reasonably to reach diametrically opposed conclusions about the same laws. As Rahimi makes clear, whether a historical example is sufficiently “analogous” … Read more
Since the U.S. Supreme Court overturned a New York law limiting the concealed carry of handguns in public areas, there has been an increasing lack of clarity on gun restrictions, experts told ABC News. “The [New York State Rifle & Pistol Association v. Bruen] decision really opens up a whole new way of analyzing the legality of firearm … Read more
A majority of the public favors the June 2022 ruling in New York State Rifle & Pistol Association Inc. v. Bruen, which established a right to possess a gun outside the home, with 64% in favor of that decision and 35% opposed. Support for this ruling, among those with an opinion, was consistently high prior to the … Read more
Susan Liebell, a political science professor at Saint Joseph’s University in Philadelphia, said that gun control provisions with large amounts of popular support are unlikely to advance in the current political environment. “The way this should play out politically is that senators and representatives would be punished in elections because they don’t support the kind … Read more
If you’re looking for a website like QAnon, but catering to gun control advocates, you will enjoy some articles from The Trace, a gun control website founded and funded by Michael Bloomberg. In August, The Trace presented a conspiracy about the amicus briefs filed in New York State Rifle & Pistol Association v. Bruen. The article was reprinted by … Read more
By LKB When the Supreme Court’s Bruen decision was issued, even I was pleasantly surprised at the breadth of Justice Thomas’ opinion and its probable implications. By focusing strictly on whether particular limits on Second Amendment rights were historically recognized (and invalidating those that are not), the table was set for potential wholesale invalidations of … Read more
The Bruen ruling, when laying out the historical prong of the test, said it was up to the government that was defending a gun law to prove the restriction had a parallel in the past. This shift in burden has put gun rights groups at a greater advantage in court. It has also changed the … Read more
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