ABA Journal

Second Amendment

158 ABA Journal Second Amendment articles.

Weekly Briefs: SCOTUS sets a record; CUNY law student goes missing

Still no SCOTUS opinions in argued cases

The U.S. Supreme Court has set a record by failing to issue opinions in argued cases this term. Usually, the high court issues…

Supreme Court leaves in place New York gun restrictions during appeals

New York’s new concealed-carry restrictions remain in place during appeals as a result of an order Wednesday by the U.S. Supreme Court.

Chemerinsky: 2022 contained a week that dramatically changed constitutional law

There are pivotal years in constitutional law: 1787, when the Constitution was ratified; 1791, when the Bill of Rights was adopted; 1868, when the Fourteenth Amendment was enacted; 1937, when the Supreme Court overturned 40 years of precedents that had limited the power of Congress and state legislatures to protect workers and consumers; 1969, when the liberal Warren Court ended, and the more conservative Burger Court began. And 2022 was such a decisive turning-point year.

Convicted welfare fraudster had no Second Amendment right to own gun, 3rd Circuit says

A man who pleaded guilty to understating his lawn-mowing income to obtain $2,458 in food stamps had no Second Amendment right to own a gun, a federal appeals court ruled Wednesday.

In ‘scorching’ opinion, federal judge considers appointing historian to help him in gun case

U.S. District Judge Carlton Reeves said he isn’t a trained historian, and neither are U.S. Supreme Court justices who ruled in June that gun regulations can’t be upheld unless they are consistent with historical tradition.

Judge partly blocks law designating Times Square gun-free zone; New York will appeal

New York Attorney General Letitia James has said she will appeal a ruling partially blocking New York’s concealed-carry restrictions, including the law’s designation of Times Square as a sensitive location where guns are banned.

Chemerinsky: Originalism has taken over the Supreme Court

The U.S. Supreme Court term that ended on June 30 was the most originalist in American history. In case after case, the court professed that the meaning of a constitutional provision is to be determined by the original understanding at the time when it was adopted. Some of the justices—Clarence Thomas, Neil Gorsuch and Amy Coney Barrett—are self-avowed originalists. All of the conservatives often write their opinions in originalist language and sign on to expressly originalist decisions.

After deadly shootings, ABA House pushes for tighter gun controls

One resolution urges lawmakers to prevent gun purchases from moving forward by default after three business days even if the check is incomplete. The second calls for more to be done to prevent violent dating partners and stalkers from buying or owning firearms.

Crusaders protecting the unborn willingly sacrifice the living

“The conservatives of the U.S. Supreme Court, through rulings blocking gun control, greenlighting executions, condoning abortion-provider bounty hunting and forced maternal labor, has demonstrated a ghastly tolerance for violence,” writes ABA Journal Assistant Managing Editor Liane Jackson, the author of Intersection, a column that explores issues of race, gender and law across America’s criminal and social justice landscape.

Using Texas’ abortion law playbook, California allows private suits over sales of banned weapons

Democratic California Gov. Gavin Newsom signed a bill Friday that allows private parties to sue anyone who imports, makes, sells or distributes weapons banned for sale in California.

California governor signs bill allowing citizen plaintiffs to sue over gun violations that cause harm

California Gov. Gavin Newsom has signed a bill authorizing lawsuits against gun makers and dealers for harm caused by business practices that violate state gun regulations.

Chemerinsky: This SCOTUS term moved the law ‘dramatically in a conservative direction’

The U.S. Supreme Court's October 2021 term was one of the momentous in history. The only analogy I can think of is 1937 for its dramatic changes in constitutional law. This is the first full term with Justice Amy Coney Barrett on the high court, and we saw the enormous effects of having a 6-3 conservative majority.

Chemerinsky: Supreme Court gun ruling puts countless firearms regulations in jeopardy

It was no surprise that the U.S. Supreme Court declared unconstitutional the New York law limiting concealed weapons in public. Given the ideological composition of the court and the tenor of the oral argument in the case, that result was expected. The surprise was how the court did this, providing greater protection for Second Amendment rights than virtually any other in the Constitution.

Winning SCOTUS litigators say Kirkland gave them a choice: Abandon gun clients or leave

The appellate litigators who established a Second Amendment right to carry guns outside the home in the U.S. Supreme Court are leaving Kirkland & Ellis because of a decision by the law firm.

Second Amendment protects right to carry a handgun outside the home, Supreme Court rules

The U.S. Supreme Court on Thursday struck down New York’s requirement that “proper cause” must be shown to obtain a concealed-carry gun license.

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