Just How Far Can Gun Control Go Under the Second Amendment?
You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you...more
On August 1, 2024, a unanimous jury in the United States District Court for the Northern District of California found plaintiff, a veterinary drug manufacturer, failed to allege a relevant antitrust market under Sherman Act,...more
With the current term of the Supreme Court soon to end, the run of decisions in which the Justices have been unanimous or close to it is being displaced by the “tougher” ones, in which there is substantial disagreement....more
The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...more
Friday, June 21 brought the U.S. Supreme Court decision in United States v. Rahimi, a Texas case which offered to provide better insight into how the rights to possess and own guns conferred by the Second Amendment plays...more
The North Carolina Court of Appeals entered the Bruen Second Amendment debate this week with its decision in State v. Radomski. First, a bit of background: In its landmark New York State Rifle & Pistol Ass’n, Inc. v. Bruen...more
We promised not to turn this into a gun blog but in a country where half of all families own guns and the half that do own a lot of them, the impact of the U.S. Supreme Court’s ruling in New York State Rifle & Pistol...more
On December 8, 2023, the United States Court of Appeals for the Second Circuit decided Antonyuk v. Chiumento, a case which challenged many provisions of New York’s law regulating the public carrying of firearms, the...more
In April 2022, the Bureau of Alcohol, Tobacco, Firearms, and Explosives finalized a rule designed to address so-called “Ghost Guns” or “Personally Manufactured Firearms” (PMFs). PMFs are unfinished firearm parts, frequently...more
I enjoy disparate interests. I teach Second Amendment law, and teach and write a treatise on advertising law. I was surprised that two of my legal interests coincided when Illinois House Bill 218 was signed into law by the...more
A question frequently encountered in the cannabis industry involves a cannabis user’s gun rights. This stems from the ever-present federal and state law tension overlaying marijuana in the United States — thanks to the...more
Effective July 1, 2023, the Florida statutes were revised to allow people to carry concealed weapons without a permit. However, permits are still available for those interested, and qualified persons may obtain them from the...more
Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more
In 1995, Bryan David Range pleaded guilty to one count of making a false statement to obtain food stamps in violation of Pennsylvania law and faced up to five years’ imprisonment. Following the conviction, Mr. Range attempted...more
We repeat what we wrote in the blog post of May 12. This is not a 2nd Amendment blog. But since the N.Y. State Rifle case was issued by the U.S. Supreme Court, it seemed clear that a lot of law restricting who could keep...more
In an opinion published on May 31, 2023, MacIntosh v Clous, the Sixth Circuit Court of Appeals held that the conduct of a county commissioner who responded to a constituent’s criticisms during a virtual public meeting by...more
On May 11, a federal court in Richmond, Virginia ruled that 18 year old’s have a right to own firearms regardless of state and federal laws limiting that right because the right to possess firearms is guaranteed by the 2nd...more
Marijuana use has become increasingly common in the United States, with many states legalizing its use for medical or recreational purposes. However, U.S. federal law still classifies marijuana as a Schedule I drug, which...more
Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more
This is the seventh part in our 2023 series examining important trends in white collar law and investigations. Up next: crypto enforcement. 2023 promises historic change for the Office of the Massachusetts Attorney General...more
The October term of the Court began yesterday, with a sitting that marked the very active debut of Justice Ketanji Brown Jackson and predictions that this term will be even more controversial than last, although it is...more
On June 23, 2022, the United States Supreme Court issued an historic ruling in New York State Rifle & Pistol Association v. Bruen that invalidated a century-old provision of New York’s concealed carry law requiring an...more
On July 29, 2022, the New York Department of Financial Services (NYDFS) published the pre-proposed second amendment to its Cybersecurity Regulations, 23 NYCRR 500 (Part 500), that if adopted, would likely require numerous...more
On June 23, 2022, the United States Supreme Court came out with guns blazing in its first Second Amendment decision in nearly fifteen years. In New York State Rifle & Pistol Ass’n v. Bruen, the Court struck down a New York...more
In 2022, gun laws remain top of mind for many Americans, but particularly employers. The Supreme Court ended its 2022 term with a series of bombshell opinions, and one opinion in particular may indirectly impact gun rights in...more