Gun Rights
The Ninth Circuit vacated a panel opinion that struck down California’s ban on high-capacity gun magazines. The case will be reheard en banc.
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Second Amendment
Gun Permits
A federal court in Pennsylvania denied Philadelphia’s request to dismiss a gun rights group’s complaint alleging the city violated citizens’ civil rights by closing its gun permitting office at various points during the pandemic, finding an evidentiary hearing is required. The plaintiffs also claim the “overall licensing process is delayed and burdensome.”
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Annual Gun Rally Heats Up Tensions in Virginia Capital
Days after Trump supporters stormed the U.S. Capitol in an effort to stop the confirmation of President-elect Joe Biden’s win, gun-rights groups are heading to Virginia’s capital for an annual rally that shares faces and themes with the Washington mob.
Read moreSecond Amendment
The Wisconsin Supreme Court ruled that a man convicted of failing to pay child support may never bear arms again. Wisconsin imposes a lifetime firearm ban on felons, even those convicted of non-violent felonies. This ban advances the state’s legitimate interest in public safety, and therefore does not violate the Second Amendment.
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Ohio High Court Upholds Ban on Gun Possession While Drunk
A 1974 Ohio law that criminalizes possession of a firearm while intoxicated does not violate the Second Amendment and can be enforced against citizens in their own homes, a divided state high court ruled Wednesday.
Read moreGun Ordinances
The Ohio Supreme Court ruled that two gun rights groups do not have standing to bring their suit against the city of Columbus and its city attorney over two firearm-related ordinances that prohibit bump stocks and prohibit individuals convicted of misdemeanor domestic violence offenses from possessing a gun.
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Smith & Wesson Sues New Jersey Over ‘Anti-Second Amendment Agenda’
A leading firearms manufacturer alleges New Jersey is engaged in an “unconstitutional fishing expedition” to try to curtail gun rights by using a new tactic: false advertising claims.
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Felons Can’t Bear Arms. Third Circuit Tells Tax Criminals: This Means You
Lying on her tax returns will cost a woman her right to own a firearm for a lifetime, the Third Circuit affirmed Tuesday.
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Ninth Circuit Hears Debate Over Ammo Background Checks
The Ninth Circuit heard arguments Monday on whether to reverse an order finding California’s ammunition background check requirement is unconstitutional by the federal judge largely responsible for eviscerating California’s overwhelmingly voter-approved gun control measure, Proposition 63.
Read moreRoad Shooting
The supervisors of a police communications operator were entitled to immunity in her suit claiming they fired her in retaliation for her exercising her Second Amendment rights after she shot another driver in a road range incident, the Seventh Circuit ruled. The woman was acquitted of attempted murder but caselaw has not clearly established that her shooting was “constitutionally protected.”
Read moreGuns and Young People
A federal court in California declined to grant a preliminary injunction to plaintiffs who claim the California Penal Code violates the Second Amendment by restricting gun ownership among 18-20 year olds. The court finds the “potential harm of enjoining a duly-enacted law designed to protect public safety outweighs” young adults’ “inability to secure the firearm of their choice without proper training.”
Read moreSecond Amendment
A federal court in California dismissed gun owners’ complaint over Governor Gavin Newsom’s Covid-19-related orders, which closed gun stores as they were not deemed to be “essential businesses.” The orders are temporary, do not “specifically target” gun-related activities for restriction and do not categorically ban firearms, so they do not substantially burden the Second Amendment, the court found.
Read moreAssault Weapons
A federal judge in California found gun owners have standing to seek injunctive relief against penalties they could face for owning and selling assault weapons, including a restriction on the sale and possession of assault weapons by minors.
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Judge Declines to Block California Open-Carry Gun Restrictions
Two California men fighting California’s longstanding open-carry gun laws failed in their bid to have the rules preliminarily overturned — though a federal judge did say Monday that they made a good case his Second Amendment rights might be violated.
Read moreGun Mag Ban
California on Friday asked the Ninth Circuit for an en banc rehearing of a panel’s decision to overturn the state’s ban on high-capacity gun magazines.
Read moreWaiting for Guns
In a lawsuit filed Friday in San Diego County, gun shops and firearms lovers claim California is using the coronavirus pandemic as an excuse to slow-roll background checks for gun purchases, effectively extending the statutory 10-day waiting period during a time of great civil unrest.
Read moreGun Rights
The Second Circuit upheld the dismissal of the New York State Rifle & Pistol Association’s claims that the state’s requirement that anyone who wants to carry a concealed weapon outside the home had to show a “proper cause” to do so. The requirement does not violate the Second Amendment, the court ruled.
Read moreGun Shop Closures
A federal court in New York dismissed the National Rifle Association’s suit against the state and Governor Andrew Cuomo over gun shop closures during the Covid-19 pandemic.
Read moreJudge Won’t Enjoin Virginia’s One-Gun-a-Month Law
Finding a new Virginia law limiting the purchase of handguns to one a month does not violate the Constitution, a rural judge on Thursday denied an injunction that would block it from taking effect.
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