Legal News

Short Circuit: A Roundup of Recent Federal Court Decisions :: 12/08/2018

Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice.

A Powerful Dissent Charges Judges Who Casually Uphold Magazine Restrictions With Disrespecting the Second Amendment :: 12/07/2018

Yesterday the U.S. Court of Appeals Court for the 3rd Circuit upheld New Jersey's 10-round limit on gun magazines, echoing five other federal appeals courts that have found such laws to be consistent with the Second Amendment. "New Jersey's law reasonably fits the State's interest in public safety and does not unconstitutionally burden the Second Amendment's right to self-defense in the home," Judge Patty Shwartz concludes in an opinion joined by Judge Joseph Greenaway.

Appeals Court Confirms Preemption Applies To Arena Authority :: 12/05/2018

The great thing about preemption is that it means there’s not some patchwork of laws all over the state. It means that if you do something that’s legal in one part of the state, then travel to another part of the state, you’re still golden. Believe me, that matters.

U.S. Supreme Court Urged to Consider NYC Second Amendment Lawsuit :: 12/04/2018

Attorneys General from 15 states and two governors signed a legal brief asking the U.S. Supreme Court to hear arguments in a federal lawsuit challenging a New York City ordinance restricting the transportation of firearms in the city.

Pro-Gun Organization Petitions SCOTUS to Hear a Case Regarding Handguns. Here Are The Details. :: 11/27/2018

The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) has petitioned the Supreme Court to review its case, Mance v. Whitaker, challenging the long-standing ban on interstate handgun sales to law-abiding citizens from other states.

Lawsuit: Medical marijuana users should retain Second Amendment rights :: 11/22/2018

The disconnect between state and federal laws regarding marijuana use continues to cause headaches in our courts. We previously saw cases where people were being denied jobs after failing a drug screening test even though they informed their prospective employer they had a medical marijuana prescription. (One woman in Connecticut actually prevailed in court on that issue, but still failed to get her job back.)

NJ Gun Owners File Suit Over Magazine Capacity Limit :: 11/21/2018

New Jersey seems to go out of its way to screw over gun owners, especially when it comes to ammunition.

Pa Supreme Court agrees to hear case over donor names and Harrisburg's legal defense fund for gun lawsuits :: 11/21/2018

The Pennsylvania Supreme Court on Tuesday agreed to weigh in on whether the city of Harrisburg must disclose the names and addresses of people who donated money to help the city defend its gun ordinances.

Retailers Continue To Be Sued Over Misused Firearms :: 11/21/2018

Gun control activists have long claimed that suing those who make and sell firearms is a viable tactic, that it’s somehow just to blame them for what someone else has done. It was so bad that Congress took action, passing the Protection of Lawful Commerce in Arms Act to curtail that brand of nonsense.

Killing You Softly with His Words - Judge Approves Seattle Gun Storage Law :: 11/20/2018

A judge in Washington State wants us to lock up our guns. That sounds like it could be a good idea, but facts matter when it comes to self-defense. Most of these untested “gun-safety” ideas actually make things worse rather than better. The goal is to save lives, and it isn’t easy.

Judge Blocks 'Security Fee' For Pro-Gun Speaker At Kent State :: 11/17/2018

Kaitlyn Bennett made her name by walking through the campus with an AR strapped to her back. Her point was that just days before, as a student at Kent State, what she was doing was illegal. However, since she had graduated the day before, suddenly her act was perfectly legal.

Lawsuit Filed to Block Washington's I-1639 :: 11/16/2018

The midterm elections garnered most of the press attention earlier this month, but for gun rights advocates, a Washington state ballot initiative was of equal importance. I-1639 sought to sweep in a whole slew of gun control laws and, unfortunately, it passed. That means gun owners in the state are stuck with the ramifications of this law and, to make matters worse, there’s no one to vote out over this.

Wisconsin high school can't ban student's gun-themed T-shirts, federal judge rules :: 11/13/2018

A federal judge has ordered a Wisconsin high school to allow a student to wear his gun-themed T-shirts to class.

Firearm restrictions in Boston and Brookline don't violate Second Amendment, appeals court says :: 11/05/2018

Restrictive firearms rules in Boston and Brookline are constitutional and do not infringe on the Second Amendment's right to bear arms, the US Court of Appeals for the First Circuit said in a decision.

The Supreme Court is refusing a new invitation to rule on gun rights in California :: 11/05/2018

In this June 26, 2008 file photo, pro-rights gun supporters hold up banners outside the Supreme Court in Washington after the court ruled that Americans have a constitutional right to keep guns in their homes for self-defense. Jose Luis Magana, File/AP Photo

NYC Knife Case Headed To Supreme Court :: 11/04/2018

If there is a group that gun folks can easily find common cause with, it’s the knife rights crowd. After all, the right to keep and bear arms isn’t exclusively talking about guns, but any kind of “arms.”

It's Unconstitutional: UVA Student Files Lawsuit Challenging Handgun Purchase Law :: 10/27/2018

It’s the law. You can buy rifles and shotguns at 18, but for a handgun—it’s 21. It’s the same across most states. In the wake of the Marjory Stoneman Douglas High School shooting last February, some states—like Vermont and Florida—have increased the age limit for all gun sales to 21 years of age. The shooting, which left 17 people dead, spurred another intense wave of anti-gun activism, which as been mostly beaten back. Yet, the anti-gun movement did score some wins with these pieces of legislation, which effectively deprived law-abiding adults the right to bear arms. It’s unconstitutional and yes—that provision in Florida’s law has been challenged, though it’s a lawsuit that’s most likely going to take years to resolve.

Ammo Manufacturer Sues Dick's Sporting Goods For Breach Of Contract :: 10/26/2018

While most people try to be good people, many of us fall very short of what we hope to be. I am no exception in that regard, but I’ll admit that there are times that I don’t even try. That’s especially true when I experience the sensation the Germans call “schadenfreude.”

Cops settle case over SWAT raid on innocent man :: 10/20/2018

Police in Virginia have agreed to settle a civil-rights lawsuit in which they were accused of blockading an innocent man in his truck and smashing his vehicle to cuff him and place him in a detention unit on a 72-hour, mental-health hold.

Federal court finds for worker fired by company after keeping gun in vehicle :: 10/16/2018

A federal appeals court last week sided with a power company worker who had been terminated after a gun was found in his personal vehicle at work.

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