SCOTUS Takes Up Case Challenging 80% Receiver Rule

Once again, a lawsuit against a rule made by the ATF is headed to the Supreme Court of the United States (SCOTUS). Garland v. VanDerStok challenges the ATF’s administrative rule that declared firearm kits and partially-manufactured receivers were firearms. This follows hot on the heels of oral arguments in Cargill, the case fighting the bump stock ban. 

Read more
Supreme Court Unanimously Decides First Firearm Case In A Decade

The Supreme Court of the United States recently took up its first firearm-related case since 2010, Caniglia v. Strom. The new Supreme Court firearms case stems from an incident in 2015, in which the Cranston Police Department in Rhode Island seized the Caniglia’s firearms after an implied suicidal statement. The case was moreso a Fourth Amendment issue, but also very much tied to firearms since a firearm was involved in the incident, as was the “ community caretaking” exemption case that the police based their seizure on.

Read more
SCOTUS Eyes Whether Police Can Seize Guns From Homes Without Warrants

The United States Supreme Court has taken on a fourth amendment case that asks whether or not police can seize guns from a home without a warrant, under a previously decided case allowing for “ community caretaking“. Whether or not this new case regarding the home will meet that muster or not is yet to be seen, but it will have to face tougher scrutiny in dealing with the home, rather than to a vehicle in which the community caretaking exception dealt with. This new case, Caniglia v. Strom, involves the plaintiff Edward Caniglia, his wife Kim, and several officers of the Cranston Police Department in Rhode Island.

Read more
Supreme Court Declines To Hear ALL Firearms Related Cases

The United States Supreme Court has once again denied certiorari to all firearms related cases appealed from lower courts. These denials are added to a decade long list of other denials since the last landmark firearms case, McDonald v City of Chicago in 2010. The cases currently being rejected include arguments such as “justifiable need” in relation to carry a firearm, California’s “Unsafe Handgun Act”, prohibiting interstate handgun sales (in person sales), restrictions on firearms and magazines, and more we’ll look at below.  The denial to hear these cases means that whatever ruling was handed down by the last, highest court under the Supreme Court remains in effect within that court’s jurisdiction.

Read more
NYSRPA Argued Before SCOTUS – Question of Mootness Remains Prominent

Early on Tuesday, the Supreme Court heard arguments in the case of the New York State Rifle and Pistol Association (NYSRPA) vs. New York City. Unfortunately for those hoping for a big decision in favor of gun rights, it seems unlikely.

Read more
NYSRPA Files Brief on the Merits of their Supreme Court Case

The New York State Rifle and Pistol Association (NYSRPA)  filed a new brief in their lawsuit against New York City’s handgun laws. The case has gathered rapt attention and has the potential for a decision as sweeping as DC v. Heller more than a decade ago. This brief, filed late in the day on Tuesday, May 7th, concerns the merits of the case. Those who have been following the developments in the lawsuit carefully will find little new information contained in the filing. However, for those of us following the case closely, it’s fascinating reading.

Read more
SCOTUS Denies New York City's Motion – NYSRPA Case To Move Forward

Today there is a new and exciting word from the Supreme Court in the case brought by the New York State Rifle and Pistol Association (NYSRPA) against New York City. The case, with potentially national implications, can move forward. New York City’s motion (discussed here) which would have paused the case was denied. Had their motion been accepted, New York City would have been able to enact a rule change theoretically rendering the case “moot” (meaningless), resulting in an eventual dismissal.

Read more
Update: New York State Rifle and Pistol Association v. NYC

Previously, I discussed an ongoing court case with potentially national repercussions. In that case, the New York State Rifle and Pistol Association (NYSRPA) was challenging portions of the New York City code. The part that promised potentially national implications was NYSRPA’s request that the Supreme Court rule that all 2nd Amendment cases be subject to strict scrutiny. If you want to avoid a recap of the previous article, skip to the subheading New Developments.

Read more
SCOTUS To Hear Case Challenging New York, NY Gun Restrictions

In what has fast become the “to-watch” gun rights case, the Supreme Court last week granted certiorari to the lawsuit brought by the New York State Rifle and Pistol Association against New York City. So what does that mean, and why is it important?

Read more
GOA Files Case Before SCOTUS To Fight Parts Of The NFA

The Gun Owners of America’s legal arm, the Gun Owners Foundation, is pressing further in their full-throated defense of Jeremy Kettler, a disabled US Army combat veteran. Mr. Kettler was convicted of possession of an unregistered firearm in violation of the National Firearms Act (NFA) in November 2016.

Read more
Breaking: DC Carry Ban Ends?

The Court of Appeals for the D.C. Circuit just issued a ruling that may have a profound effect on carry laws in America. A prior ruling in another court held that the District of Columbia has the authority to enact a general ban on the carry of arms within the District because there were exceptions allowed for people with a substantial need. But today’s ruling is contrary to that earlier opinion. Today’s ruling affirms the right of individuals to bear arms and that social circumstances cannot be required to exercise that right.

Read more
SCOTUS Upholds ATF's Straw Purchase Prohibition

Steve Says: Many thanks to Spencer, a law student, for contributing this well researched guest post. This is a legal post, not a political post.

Read more