ABA Journal

Second Amendment

122 ABA Journal Second Amendment articles.

Afternoon Briefs: Suit tossed over ‘stateless’ BigLaw partners; Lafayette Square claims dismissed

Perkins Coie wins suit dismissal because of ‘stateless’ partners

The 7th U.S. Circuit Court of Appeals at Chicago has ruled that former Trump campaign adviser Carter Page can’t sue Perkins…

Afternoon Briefs: Judge compares AR-15 to Swiss Army knife; suit claims GC wasn’t rehired because of long-haul COVID-19

Federal judge strikes down ban on assault weapons

Citing the Second Amendment, U.S. District Judge Roger Benitez of the Southern District of California struck down California’s ban on assault weapons…

SCOTUS will consider Second Amendment right to carry a gun outside the home

The U.S. Supreme Court on Monday agreed to decide whether the state of New York violates the Second Amendment when it denies law-abiding citizens the right to carry handguns outside the home for self-defense.

Gun owners have no unfettered right to carry their weapons in public, en banc appeals court says

The Second Amendment doesn’t protect an unfettered right to openly carry a gun or pistol in public, according to the en banc 9th U.S. Circuit Court of Appeals at San Francisco.

Afternoon Briefs: BigLaw firm offers gifts on top of bonuses; second state adopts consumer privacy law

Associates at this BigLaw firm get pricey gifts

Associates at Davis Polk & Wardwell are getting a choice of gifts as a thanks for their hard work during the COVID-19…

Restrictions on firearms in government buildings and polling places should be considered, says ABA House

In the wake of the recent attack on the U.S. Capitol, death threats against election officials and the sight of armed groups at state capitols, the ABA House of Delegates on Monday called for restrictions on firearms in some government buildings and polling places.

Lawyers involved in the gun debate are primed for the Supreme Court to take the next big case

As fatal police shootings and gun violence ravage Black communities, and mass shootings and active shooter drills have become ingrained in the American experience, local and state governments have countered the threat by creating more gun laws. As gun rights groups have fought those laws in the courts, it’s become a common refrain that trial judges are flouting the U.S. Supreme Court’s ruling in District of Columbia v. Heller and undermining Second Amendment rights.

SCOTUS will consider constitutionality of home search during gun owner’s hospital visit

The U.S. Supreme Court on Friday agreed to decide whether a police search of a gun owner’s home while he was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.

Alito: COVID-19 restrictions highlight disturbing trend of ‘lawmaking by executive fiat’

In a Federalist Society speech on Thursday, Justice Samuel A. Alito Jr. said COVID-19 restrictions on public gatherings and worship services highlight a disturbing trend of "lawmaking by executive fiat."

Barrett’s expansive view of Second Amendment could provide fifth vote to strike down gun laws

U.S. Supreme Court nominee Judge Amy Coney Barrett has written just one Second Amendment opinion—a dissent—but the analysis shows that she is likely to go further to protect gun rights than her mentor, the late Justice Antonin Scalia.

A top SCOTUS contender, Amy Coney Barrett is likely to draw scrutiny for decisions on abortion, campus sex assault

Considered one of the top contenders for a U.S. Supreme Court nomination, U.S. Circuit Judge Amy Coney Barrett is known as a conservative who shows a strong deference to religious values.

Afternoon Briefs: Another firm trims salary cuts; lawyer is accused of writing $400K in bad checks

Kelley Drye trims some salary cuts

Kelley Drye & Warren is reducing 10% pay cuts to 5% cuts for associates, special counsels and staff earning more than $100,000. Reductions…

California’s ban on high-capacity gun magazines violates Second Amendment, 9th Circuit rules

The San Francisco-based 9th U.S. Circuit Court of Appeals on Friday overturned California’s ban on large-capacity gun magazines that hold more than 10 rounds of ammunition.

NY attorney general seeks to dissolve NRA for misuse of funds

A lawsuit filed Thursday by New York’s attorney general contends that the National Rifle Association should be dissolved because millions of dollars have been diverted away from the organization’s charitable mission.

Afternoon Briefs: Iowa governor lifts ex-felon voting ban; gun licensing challenge reinstated

Iowa governor restores voting rights for many ex-felons

Iowa Gov. Kim Reynolds on Wednesday signed an executive order restoring voting rights for many felons who have completed detention, probation and…

Read more ...