Second Amendment

Appeals Court Rejects Militia Organizer’s Second Amendment Claim

A federal appeals court has ruled a man who organized his own militia did not have a Second Amendment right to possess a machine gun. Hollis Wayne Fincher had argued that his Washington County Militia was a well-regulated militia that was protected by the amendment. A federal judge rejected his…

Aug 14, 2008 10:50 AM CDT

Second Amendment Opinion May Lack Firepower

Harvard Law School professor Mark Tushnet believes Justice Antonin Scalia’s recent majority opinion striking down a ban on handguns in the home was a compromise decision, crafted to appeal to a swing voter such as Justice Anthony M. Kennedy. As evidence of a compromise, Tushnet points to Scalia’s statement in…

Aug 8, 2008 11:18 PM CDT

Plaintiff Who Won Second Amendment Case Files New Gun Suit

The plaintiff who won a U.S. Supreme Court ruling striking down a ban on handguns in the home has filed a new lawsuit challenging Washington, D.C.’s new gun registration system. Plaintiff Dick Heller seeks to overturn provisions that include a requirement for ballistics tests of registered handguns and restrictions on…

Jul 29, 2008 6:14 PM CDT

Felons Claim Second Amendment Gives Them Right to Own Guns

Felons such as James Francis Barton Jr. are challenging federal laws that bar them from owning guns. Barton has been charged with keeping at his Pittsburgh home seven pistols, three shotguns and five rifles, the Associated Press reports. Judges have so far disagreed with that argument but Barton’s Pennsylvania lawyer,…

Jul 21, 2008 12:16 PM CDT

Second Amendment Ruling Is Justice Scalia’s Originalism ‘Legacy’

The majority ruling yesterday by Justice Antonin Scalia finding a Second Amendment right to own handguns in the home is “his most important in his 22 years on the court,” according to a New York Times story. Scalia has a no-compromise style that often leads to loss of his colleagues’…

Jun 27, 2008 11:25 AM CDT

Supreme Court Rules 5-4 that Second Amendment Protects Right to Own Guns

Updated: The U.S. Supreme Court has ruled 5-4 that the Second Amendment protects an individual right to own a gun, apart from service in a militia, SCOTUSblog reports. As predicted, Justice Antonin Scalia wrote the majority opinion in the case, District of Columbia v. Heller. Scalia writes in the decision…

Jun 26, 2008 2:15 PM CDT

Second Amendment Gun Ruling Expected Today

The U.S. Supreme Court is expected to issue the three final rulings of the term today, including a decision on whether the Second Amendment protects an individual right to own guns. At issue is whether the amendment protects only the right of state militias to bear arms or whether it…

Jun 26, 2008 10:38 AM CDT

Appeals Court Rejects Militia Organizer’s Second Amendment Claim

Second Amendment Opinion May Lack Firepower

Plaintiff Who Won Second Amendment Case Files New Gun Suit

Felons Claim Second Amendment Gives Them Right to Own Guns

Second Amendment Ruling Is Justice Scalia’s Originalism ‘Legacy’

Supreme Court Rules 5-4 that Second Amendment Protects Right to Own Guns

Second Amendment Gun Ruling Expected Today

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