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January 16, 2023
Another look at some of the post-Bruen Second Amendment uncertainty
Folks who follow Second Amendment jurisprudence know that the Supreme Court's landmark ruling in Bruen last summer has created lots of notable new questions and constitutional uncertainty concerning an array of gun control measures. And folks who follow this blog know that I find especially interesting the legal debates over the constitutionality of various laws criminalizing gun posession by persons with certain prior convictions or other criminal-justice involvement. So I wanted to flag some notable recent press coverage of these issues:
From ABC News, "Supreme Court decision creates confusion over which firearm restrictions are constitutional"
From the Brunswick News, "Should nonviolent crimes cost a man his 2nd Amendment rights?"
From Reuters, "Federal public defenders seek end to several gun restrictions"
I think it might only be a matter or when, not if, the Supreme Court has to take up the issue of th constitutionality of at least some felon-in-possession bans. But when might be many years from now.
Some (of many) prior recent related posts:
- By 6-3 vote, SCOTUS expands Second Amendment rights by striking down NY public-carry licensing requirements
- Are all broad felon-in-possession criminal gun statutes now constitutionally suspect after Bruen?
- Spotlighting notable (and constitutionally suspect?) aspects of federal firearm prohibition enforcement
- District Court declares § 922(n), which criminalizes a person under indictment from receiving a firearm, to be unconstitutional
- Notable new district court opinion strikes down federal serial number law but upholds felon possession ban applying Bruen
- Federal judge orders briefing on whether to appoint historian to resolve challenge to federal felon gun possession ban after Bruen
- Justice Department tells federal district judge "it is unnecessary ... to appoint an historian to assist" in resolving defendant's Second Amendment claim
- New district court opinion "holds that § 922(g)(8) is unconstitutional under Bruen's framework"
- Another district court finds § 922(n), which criminalizes a person under indictment from receiving a firearm, to be unconstitutional
- Third Circuit panel upholds constitutionality § 922(g)(1)'s felon-in-possession gun prohibition after Bruen
- En banc Third Circuit to reconsider constitutionality of § 922(g)(1)'s felon-in-possession gun prohibition after Bruen
January 16, 2023 at 11:30 AM | Permalink
Comments
I just filed a motion to dismiss 922(o) (machine gun), 5861(d) (possessing unregistered gun), and 922(a)(1)A) (dealing firearms without a license). Cited all those district court cases striking down other provisions of 922 and we are working with a historian. Will keep you updated!
Posted by: Tom Church | Jan 17, 2023 7:05:33 PM
The only time the Left loses its enthusiasm for gun control is when there arises the prospect that those who will have greater access to guns will be previously convicted felons. This tells us a good deal about the Left -- not that we needed to know a lot more.
Posted by: Bill Otis | Jan 18, 2023 3:05:39 AM