ABA Journal

Second Amendment

160 ABA Journal Second Amendment articles.

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…

After lawyers charged for waving guns at protesters, Missouri attorney general plans to intervene

Husband and wife lawyers Mark and Patricia McCloskey were each charged with unlawful use of a weapon Monday for waving guns at protesters outside their St. Louis home last month. The Missouri governor and attorney general opposed the charges.

Judge orders reopening of gun stores in Second Amendment challenge

A federal judge in Massachusetts has ordered the opening of gun stores in the state in a challenge to Gov. Charlie Baker’s shutdown of nonessential businesses.

What Netflix’s ‘Tiger King’ says about gun culture in America

With Tiger King, Netflix promises “murder, mayhem and madness,” and the seven-part series delivers. “Video games, the news and Hollywood have inured the public to the idea of violence while camouflaging the grisly consequences,” writes the ABA Journal’s Liane Jackson.

Closely watched gun-rights case tossed as moot by SCOTUS; Kavanaugh urges new cert grant

The U.S. Supreme Court won’t decide a closely watched case that could have been used to extend the right to have a gun to outside the home.

Federal judge shuts down remote hearing after interruptions by listening audience

An Atlanta federal judge who allowed public access to a remote hearing on gun rights had to shut it down after interruptions from the audience—some of them intentional.

ABA House votes in favor of restrictions on ‘ghost guns,’ firearm permits and safe storage

ABA House votes in favor of ‘ghost guns’ restrictions, firearm permits and safe storage

The ABA will call for tighter controls to curb gun violence after adopting three resolutions Monday addressing gun permits, so-called ghost guns and safe storage.

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