ABA Journal

Second Amendment

140 ABA Journal Second Amendment articles.

People younger than age 21 have Second Amendment right to buy semi-automatic rifles, appeals court says

California’s ban on the purchase of semi-automatic rifles by most people younger than age 21 violates their Second Amendment rights, a federal appeals court has ruled.

Weekly Briefs: Controversial Florida education bills advance; ban on homebuyer ‘love letters’ blocked

Florida lawmakers pass ‘Don’t Say Gay,’ anti-woke bills

Republican Florida Gov. Ron DeSantis is expected to sign two controversial bills passed by the legislature this week. The “Don’t Say Gay”…

St. Louis lawyers who brandished guns at protesters can continue to practice law

St. Louis lawyers Mark and Patricia McCloskey have received a stayed suspension of their law licenses for brandishing guns as protesters marched through their neighborhood in June 2020.

Race to the Bottom: Guns, vigilantism and unequal ‘justice’

Some people say their guns are for self-defense. Often, guns are carried by bad actors to perpetrate violence or as a means of intimidation. Whatever the motivation, there is an explicit potential for violence when a firearm is present. And now, carrying, brandishing or waving guns around—particularly at Black Lives Matter protests—has been endorsed by a segment of the population, despite the lawless aggression and vigilantism it promotes.

9th Circuit judge writes opinions for and against constitutionality of pandemic gun-store closings

A federal appeals judge took two positions on pandemic gun-store closings Thursday with the aim of making a point about his court’s “exceptionally malleable” approach to the Second Amendment.

Ban on bump stocks prevails when 6th Circuit splits on government interpretation

A federal government regulation that bans bump stocks—which are used to accelerate gunfire on semi-automatic weapons—is back in force as a result of a split decision Friday by an en banc federal appeals court.

En banc 9th Circuit upholds California’s ban on high-capacity gun magazines

California’s ban on high-capacity gun magazines that hold more than 10 rounds of ammunition does not violate the Second Amendment, a federal appeals court has ruled.

NRA’s lawsuit claims over closed gun stores are moot, 2nd Circuit rules

A federal appeals court has ruled that the National Rifle Association can’t obtain an injunction or damages for its members in a lawsuit over the closing of New York gun stores during the COVID-19 pandemic.

2nd Circuit upholds temporary seizure of guns from people taken to mental health facilities

A federal appeals court has upheld a police policy to temporarily seize guns from people transported for a mental health evaluation following a domestic incident.

Supreme Court appears ready to rule against restrictions on concealed-carry permits

The U.S. Supreme Court appeared ready to strike down a New York law restricting concealed-carry gun permits during oral arguments Wednesday.

Supreme Court revisits Second Amendment with challenge to New York concealed-gun restrictions

When two residents of upstate New York sought unrestricted licenses to carry concealed weapons for self-defense outside the home, officials denied their applications under the state’s demanding standard for such permits. Those relatively routine administrative actions have teed up the most important Second Amendment case to be heard by the U.S. Supreme Court in more than a decade.

Supreme Court seems to be ‘reshaping itself in Justice Thomas’ image,’ op-ed says

We may be seeing the emergence of the “Thomas Court,” as the 6-3 conservative majority on the U.S. Supreme Court considers cases involving abortion, religious freedom and gun rights this term, according to a New York Times op-ed.

The Supreme Court is in the building—contentious rulings behind, more major cases ahead

U.S. Supreme Court justices are hanging up their phones after a year and a half of teleconference arguments because of the pandemic and returning to the bench for the new term that begins Monday.

Chemerinsky: Expect a truly extraordinary year at the Supreme Court

Every Supreme Court term has important decisions that change the law and affect people’s lives, but some years are blockbusters in the number of high-profile, significant rulings. The October 2021 term, which begins on Monday, Oct. 4, promises to be such a year. It is the first full term with the court’s current composition.

4th Circuit vacates decision striking down age limit for handgun sales; is opinion still a ‘persuasive source’?

A federal appeals court has vacated its July decision finding that youths ages 18, 19 and 20 have a Second Amendment right to own handguns.

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