ABA Journal

Second Amendment

171 ABA Journal Second Amendment articles.

Divided 6th Circuit says gun ban for the involuntarily committed could violate 2nd Amendment

A federal law that indefinitely bans gun ownership for people previously committed to mental health treatment facilities could violate the Second Amendment, an en banc federal appellate court found Thursday.

Prohibiting firearm possession for medical marijuana users is reasonable, says 9th Circuit

Individuals with state-issued medical marijuana cards may have debilitating illnesses and be less likely to commit violent crimes, yet Congress reasonably concluded that they should not have access to guns…

Texas AG sues county that banned guns at building with courthouse, county offices

Corrected: Waller County, Texas, must allow guns in areas of a courthouse building where county offices are located, according to a lawsuit filed this week by Texas Attorney General Ken…

Can Ohio governor suspend open carry during the GOP convention? Guns allowed, paint balls banned

Ohio Gov. John Kasich and a police union official differ over the governor’s power to suspend Ohio’s open carry laws during the Republican National Convention.

The president of the Cleveland…

Machine guns aren’t protected by Second Amendment, 5th Circuit rules

A federal appeals court has upheld a federal law that generally bars the possession of machine guns.

Machine guns are not protected by the Second Amendment, the New Orleans-based 5th…

Business owners grapple with serving armed customers

There are a few constants at Brooks' Place, a smokehouse barbecue in Cypress, Texas, near Houston: You can buy brisket or ribs by the pound, owner Trent Brooks always mans…

Dissenting in case in which he broke his silence, Thomas sees 2nd-class status for Second Amendment

Justice Clarence Thomas broke a 10-year silence during oral arguments in February when he questioned whether any constitutional right, besides a Second Amendment right, could be suspended based on…

First and Second Amendments square off in ‘Docs v. Glocks’ case before en banc 11th Circuit

Should a physician ask a patient about gun ownership, even if she doesn’t appear to have an ailment that could cause her to hurt someone with a firearm? A Florida…

Supreme Court won’t hear challenge to assault weapons ban

The U.S. Supreme Court on Monday declined to hear a challenge to a Connecticut law that bans assault weapons.

The New York-based 2nd U.S. Circuit Court of Appeals ruled in…

En banc 9th Circuit upholds California law requiring ‘good cause’ for concealed carry

In a big win for those who favor gun control, a divided en banc federal appeals court panel on Thursday upheld, against a Second Amendment challenge, a California law restricting…

Federal judge enjoins DC gun law that restricts concealed carry permits to those with ‘good reason’

A federal judge in Washington, D.C., has enjoined a gun law in the District that restricts concealed carry permits to those who can show a good reason for carrying firearms.

Second Amendment includes right to buy and sell arms, 9th Circuit says in zoning case

The Second Amendment right to keep and bear arms includes a right to buy and sell guns, a federal appeals court ruled on Monday.

The 2-1 decision by the San…

Full appeals court considers Maryland’s assault weapons ban

An en banc federal appeals court on Wednesday considered what standard judges should use to evaluate Maryland’s ban on 45 assault weapons and high-capacity magazines.

Maryland Assistant Attorney General Matthew…

Trial date set for Sandy Hook lawsuit against gun companies

A Connecticut judge has set a tentative trial date for a lawsuit filed by families of victims of the Sandy Hook school shooting against the gun manufacturers that created the…

Suit claims cops conspired to cover up murder of lawyer, a Second Amendment advocate

A lawsuit filed by the estate of a Connecticut lawyer claims police officials in Redding dragged their feet in approving his concealed carry permit, then conspired to cover up his…

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