Second Amendment

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 because the use of illegal drugs can lead to irrational or unpredictable behavior, the 9th U.S. Circuit Court of Appeals…

Sep 2, 2016 2:00 PM CDT

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 Paxton. The suit (PDF) says Waller County’s policy conflicts with the state’s open carry law, which has an exemption for…

Sep 1, 2016 11:24 AM CDT

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 police patrolmen’s union, Steve Loomis, says he wants Kasich to declare a state of emergency, allowing the governor to suspend…

Jul 18, 2016 10:09 AM CDT

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 U.S. Circuit Court of Appeals ruled (PDF) on June 30. The plaintiff wanted to build an M-16 machine gun from…

Jul 5, 2016 8:00 AM CDT

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 the pit, and he's never without his gun.

Jul 1, 2016 3:00 AM CDT

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 a misdemeanor. Thomas dissented in the case on Monday when the Supreme Court ruled 6-2 that a misdemeanor domestic-assault conviction based…

Jun 27, 2016 4:06 PM CDT

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 law says no, and an en banc hearing regarding its constitutionality is scheduled for Tuesday. The Florida Firearm Owners Privacy…

Jun 20, 2016 4:20 PM CDT

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 October that the law didn’t violate the Second Amendment and was not void for vagueness. The law was passed after…

Jun 20, 2016 8:55 AM CDT

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 concealed-carry permits to individuals who can demonstrate “good cause.” The 7-4 ruling by the 9th U.S. Circuit Court of Appeals…

Jun 10, 2016 9:45 AM CDT

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. U.S. District Judge Richard Leon ruled on Tuesday that the plaintiffs had demonstrated a likelihood of success on their Second…

May 18, 2016 10:03 AM CDT

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 Francisco-based 9th U.S. Circuit Court of Appeals reinstated a lawsuit challenging a zoning law regulating the location of gun stores,…

May 17, 2016 8:12 AM CDT

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 Fader argued that state lawmakers had the authority to act after determining that assault weapons are disproportionately used in mass…

May 13, 2016 6:15 AM CDT

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 weapon used by the shooter. CNN reported that Judge Barbara Bellis of the Fairfield District Superior Court in Connecticut ruled…

Apr 20, 2016 11:00 AM CDT

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 murder a year later by declaring his death a suicide. The federal suit (PDF), filed on Tuesday by the estate…

Apr 7, 2016 8:00 AM CDT

Supreme Court cites Second Amendment in stun-gun decision, says state court misapplied Heller

Massachusetts’ top court contradicted Second Amendment precedent in the reasoning it used to uphold a ban on stun guns, the U.S. Supreme Court ruled on Monday in a per curiam opinion. The court granted cert and vacated the judgment without argument. The court ruled in the case of Jaime Caetano,…

Mar 21, 2016 11:34 AM CDT