Tag: Supreme Court
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Are Rifles Constitutionally Protected Arms?
In the Supreme Court, Illinois has filed its brief in opposition in Harrel v. Raoul (and its companion case Herrera v. Raoul). These cases challenge Illinois’s ban on some semiautomatic rifles (“assault weapons”) and high-capacity magazines. The brief in opposition is remarkable for how it asks the Supreme Court to expound which “arms” the Second Amendment protects. The State’s brief leaves me wondering…
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Will the Gun Free School Zones Act Undermine Bruen?
Yesterday saw the most significant effort to date by a lower federal court to “narrow from below” the Supreme Court’s decision in New York Rifle & Pistol Association v. Bruen. That decision held that the Second Amendment secures the right of individuals to carry firearms in public for self-defense. Yet, using the Federal Gun Free School Zones Act,…
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New York After Bruen
Last Thursday, the Supreme Court held in New York State Rifle & Pistol Association v. Bruen, that New York’s policy of limiting licenses to carry pistols to those who can show “proper cause” is unconstitutional under the Second and Fourteenth Amendments. I will have more to say in the coming days about some of the…
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The Right to Bear Arms (Openly?) in the Supreme Court: Did the Bruen Petitioners Err by Seeking Only a New York “Concealed-Carry” License?
Since at least Marbury v. Madison, the Supreme Court has recognized that a litigant may not be able to secure judicial relief if he seeks the wrong remedy. A question about the proper remedy is brewing in New York State Rifle & Pistol Association, Inc. v. Bruen. Bruen involves plaintiffs who have unsuccessfully sought unrestricted…
Standing His Ground 