Just How Far Can Gun Control Go Under the Second Amendment?
In a significant ruling, the Supreme Court affirmed the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate weapon parts kits and unfinished frames or receivers as “firearms” under the Gun...more
In November 2023 we discussed the Fifth Circuit Court of Appeals’ decision to strike down a Biden-era firearm regulation concerning “ghost guns,” concluding that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)...more
On January 30, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a landmark opinion in Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), holding that 18 U.S.C. §§ 922(b)(1) and (c)(1), which...more
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
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
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
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
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
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
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
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 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
On June 23, 2022, in New York State Rifle & Pistol Association, Inc. v. Bruen, the U.S. Supreme Court held that New York’s requirements for obtaining permits for the concealed carry of a firearm were unconstitutional in a...more
New York State Rifle & Pistol Assn., Inc. v. Bruen, No. 20-843: This case involves a constitutional challenge to a New York handgun-licensing law. New York makes it a crime to possess a firearm without a license. ...more
New York State Rifle & Pistol Association, Inc. v. Bruen is the long-awaited New York gun licensing decision that has been hotly debated since its filing. Especially in light of recent school shootings, that debate is likely...more
On June 23, 2022, the U.S. Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen, No. 20-843, holding that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for...more
What You Need to Know •The Supreme Court struck down New York’s proper-cause requirement for concealed carry gun permits, ruling that it violates the U.S. Constitution by preventing law-abiding citizens with ordinary...more
In this episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath review the 2020 Supreme Court Term and preview the big cases and topics in the October 2021 Term. Among the...more
On August 17, 2021, the U.S. Court of Appeals for the Third Circuit weighed in on the uncharted boundaries of rights afforded under the Second Amendment, namely whether restrictions on where citizens can purchase or practice...more
Houston Community College System v. Wilson, No. 20-804: Does the First Amendment restrict the authority of an elected body to issue a censure resolution in response to a member’s speech?...more
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more