Second Amendment

How would you amend the Constitution?

This week, retired U.S. Supreme Court Justice John Paul Stevens suggested that students and others who participated in last Saturday's March for Our Lives rallies should demand more than just gun-control legislation—they should demand that the Second Amendment be repealed.

Mar 28, 2018 12:40 PM CDT

Former Justice John Paul Stevens calls for repeal of the Second Amendment

Demonstrators who protested gun violence during the March For Our Lives rally last weekend should demand a repeal of the Second Amendment, according to retired Supreme Court Justice John Paul Stevens.

In a New York Times op-ed, Stevens said the Second Amendment was adopted amid a concern that a standing army might pose a threat to the security of the states.

Mar 27, 2018 9:12 AM CDT

Supreme Court holds guilty plea doesn’t bar Second Amendment challenge; Gorsuch joins Breyer opinion

A criminal defendant who pleads guilty doesn’t inherently waive the right to challenge the constitutionality of the statute under which he was convicted, the U.S. Supreme Court ruled Wednesday.

Feb 21, 2018 10:11 AM CST

Second Amendment is a ‘disfavored right’ in the Supreme Court, Thomas says in cert-denial dissent

Justice Clarence Thomas asserted the Second Amendment is “a disfavored right” in the U.S. Supreme Court when he dissented Tuesday from the denial of certiorari in a gun case.

Feb 20, 2018 11:16 AM CST

Supreme Court denies cert in 2 cases upholding gun restrictions

The U.S. Supreme Court on Monday declined to hear challenges to gun restrictions in Maryland and Florida. The court left in place decisions upholding an assault-weapons ban in Maryland and an open-carry ban in Florida, report SCOTUSblog, the Constitution Daily, Bloomberg News and the Washington Post. Kolbe v. Hogan challenged…

Nov 27, 2017 12:28 PM CST

ABA president Bass offers sympathy in wake of Vegas shooting, backs changes to prevent gun deaths

ABA President Hilarie Bass has issued a statement mourning the innocent people who lost their lives in Las Vegas and expressing sympathy for those who were injured and traumatized by the attack.

Oct 4, 2017 12:53 PM CDT

Facing criticism over Charlottesville suit, ACLU won’t defend armed protesters

The American Civil Liberties Union won’t defend hate groups’ right to march when they seek to bring firearms with them, a position announced in the wake of last Saturday's violence in Charlottesville, Virginia.

Aug 18, 2017 9:44 AM CDT

Gun violence restraining orders backed by House of Delegates

Updated: A measure addressing gun violence won approval from the ABA House of Delegates on Tuesday, despite some opposition by those who raised due process issues.

Aug 15, 2017 9:25 AM CDT

Linda Oatman High wins ABA Journal/Ross Short Legal Fiction Contest

During her 35-year career as a writer, Linda Oatman High has written more than 20 books for children and young adults, three plays and numerous feature articles and news stories. But she had never written a legal-themed piece until she saw a call for submissions to the ABA Journal/Ross Writing…

Jul 26, 2017 3:47 PM CDT

Restrictive concealed carry law violates Second Amendment, DC Circuit rules

A federal appeals court has blocked a Washington, D.C., gun law that that restricts concealed carry permits to those who can show a good reason for carrying firearms.

Jul 26, 2017 8:40 AM CDT

Gun control debate revived in wake of congressman being shot

In the wake of Wednesday morning’s shooting of Louisiana Republican Congressman Steve Scalise, fellow GOP members argue that if victims had carried firearms then they could have defended themselves. Gun control initiatives at the federal level have been so stymied by special interests in recent years that Democrats in Congress…

Jun 15, 2017 1:48 PM CDT

Gun War: Congress has been silent on guns, but states haven’t, so change is on the horizon

Almost half of Americans live in states that have had new and restrictive gun control laws enacted since the slaughter of elementary school children at Sandy Hook. But other states now allow guns in schools and on college campuses.

May 1, 2017 4:00 AM CDT

Military-style rifles aren’t protected by the Second Amendment, 4th Circuit rules

An en banc federal appeals court on Tuesday upheld Maryland’s ban on military-style assault rifles and large-capacity magazines. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals ruled that such weapons and magazines are not protected by the Second Amendment, report the Washington Post and the Wall Street Journal (sub.…

Feb 22, 2017 11:00 AM CST

Supreme Court to decide whether man can challenge criminal law after he pleads guilty to violation

The U.S. Supreme Court on Tuesday agreed to decide whether a defendant can challenge a criminal law barring guns near the U.S. Capitol Building after he pleaded guilty to its violation. The Supreme Court agreed to hear the case of Rodney Class, a retired veteran who brought lawfully owned guns…

Feb 22, 2017 8:00 AM CST

En banc appeals court strikes down ban on doctor gun discussions, with two majority opinions

An en banc federal appeals court on Thursday struck down a ban on doctors discussing guns with patients. The full Atlanta-based 11th U.S. Circuit Court of Appeals said the Florida law banning the gun discussions is a content-based restriction that violates the First Amendment. The appeals court relayed its decision…

Feb 17, 2017 8:00 AM CST