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The Judge–Scholar Collaboration Driving Second Amendment Law
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Not so for the Second Amendment. Ever since the Supreme Court decided the landmark gun rights case District of Columbia v. Heller in 2008, legal scholarship has featured prominently in court opinions. We tested this apparent trend during the 2023–2024 Supreme Court term: In the Second Amendment case United States v. Rahimi, the justices cited 25 law review articles, far exceeding the average of just 4 cited in other cases. Only in Loper Bright Enterprises v. Raimondo, which overruled a legal doctrine that had stood for 40 years, did the justices rely more heavily on legal scholarship. This should be unsurprising given that overturning long-standing precedent is a context often linked with a larger number of scholarly citations. |
Federal Appeals Court Gives Medical Marijuana Patients Who Want To Own Guns A Win
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A three-judge panel of the U.S. Court of Appeals for the Eleventh District, in a opinion authored by Judge Elizabeth Branch, departed from the ruling of a district could that upheld the federal statute, Section 922(g)(3), that precludes any “unlawful users” of controlled substances from owning or purchasing firearms.
While the Justice Department has repeatedly argued that people who use cannabis, in compliance with state law, are uniquely dangerous—and that there are historical analogues in U.S. gun laws that justify the ban—the appeals court disagreed, vacated the prior ruling and remanded the case back to a lower court. |
FL: Court rules in favor of Florida medical cannabis patients who want to possess firearms
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Florida medical marijuana advocates and Second Amendment supporters are cheering a federal appeals court ruling that federal restrictions barring people who use cannabis for medical reasons from firearms purchases violate the Second Amendment.
“Based on Appellants’ factual allegations, Appellants cannot be considered relevantly similar to either felons or dangerous individuals based solely on their medical marijuana use,” a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit said late Wednesday. |
Federal Appeals Court Says Waiting Periods To Buy Guns Are Unconstitutional
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Making gun buyers weather a “waiting period” before they can possess the guns they’re buying infringes on the Second Amendment, a federal court circuit that oversees Wyoming ruled Tuesday.
New Mexico last year passed a law making gun buyers wait a week before they can physically possess the guns they purchased. The law has some exceptions for conceal-carry permit holders, law enforcement purchases, transfers between gun dealers and exchanges between family members, but otherwise imposed a blanket waiting period. |
UK: Father kills intruder in self-defense after masked gang breaks into Yorkshire home
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A harrowing incident unfolded in Selby, North Yorkshire, when a father of two was assaulted in his home by a group of six masked intruders. The father, whose identity has not been disclosed, took drastic action to protect his family when the attackers, armed with weapons including a crowbar, violently confronted him.
The invasion occurred while the couple was at home with their young children. After being beaten with a crowbar and receiving multiple punches, the father managed to wrestle away a knife from one of the intruders during the struggle. In an act of self-defense, he fatally stabbed one of the assailants. |
This Case Is An Insane Miscarriage Of Justice
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If you’ve ever been forced to take a concealed carry class, then the odds are pretty good that you thought the entire thing was a waste of time. These classes are designed to make firearm ownership more of a hassle (and more expensive), so that you give up on the idea of owning a gun. To the extent you receive any instruction at all, you’re told some very basic rules of self-defense. And the most important rule of all, of course, is that you can’t use lethal force unless you have a reasonable belief that you, or someone else, is in imminent danger of death or serious bodily injury. So if someone is running away with your property — even if it’s your car — you can’t shoot them. |
NM: New Mexico lawmakers react to judges’ decision on waiting period for gun purchases
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The seven-day waiting period narrowly passed in the 2024 legislative session, and state Senator Crystal Brantley (R-Truth or Consequences) said Tuesday’s decision comes as no surprise.
“The Second Amendment clearly says shall not be infringed. It was an overreach that targeted law-abiding citizens. It did nothing to push back on the crime in New Mexico,” said Sen. Brantley.
That sentiment was shared by fellow state Senator Bill Sharer (R-Farmington), in a statement, Sharer said, “Criminals certainly don’t wait seven days before breaking into our homes and threatening our families and properties. What sense does it make to require law-abiding citizens to wait seven days before being able to defend themselves?” |
VA: Abigail Spanberger’s War on Guns: A Clear & Present Danger to Virginia’s Second Amendment Right
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Virginia gun owners, take notice—Abigail Spanberger is not your average Democrat. She is the former CIA agent-turned-Congresswoman who’s now running to be Virginia’s next governor, and she’s bringing with her the most aggressive, well-funded anti-gun agenda in the state’s modern history.
Despite her carefully polished image as a moderate, Spanberger’s actions—and promises—reveal her to be one of the most extreme anti-gun candidates ever to seek Virginia’s highest office. From public rallies with Moms Demand Action to her enthusiastic support of California-style gun bans, Spanberger has made it clear: if elected governor, she will sign into law a sweeping slate of gun control measures... |
IA: U.S. Senate Candidate Jim Carlin Pledges Support for National Concealed Carry Reciprocity
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Jim Carlin, a Republican candidate for U.S. Senate and former Iowa state senator, pledged Thursday that when elected, he will sponsor or support legislation establishing national concealed carry reciprocity, allowing law-abiding gun owners with a state-issued concealed carry permit to carry firearms across state lines without fear of conflicting state laws.
Carlin, a U.S. Army veteran and strong advocate for Second Amendment rights, highlighted his record of supporting Iowa’s 2021 Constitutional carry law, which eliminated the need for permits to carry handguns in Iowa. |
FL: Florida Attorney General James Uthmeier urges justices to strike down gun law
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"The upshot of Florida’s law is that a 20-year-old single mom is powerless to purchase a firearm to defend herself and her child against a menacing ex-boyfriend," Uthmeier’s brief said. "Same for the 19-year-old who lives alone in a bad neighborhood and fears gang violence. To be sure, some young adults may be able to borrow a firearm from a parent or other older adult. But the exercise of a vaunted constitutional right should not depend on that chance."
Uthmeier said in March he would not defend the law, but Wednesday’s brief appeared to go further by arguing the Supreme Court should take up the case and find the law unconstitutional. |
NRA Petitions Supreme Court To Hear California Mag Capacity Limit Case
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Banning so-called high-capacity magazines is an obvious infringement of the Second Amendment right to keep and bear arms. However, many more liberal courts have failed to see it that way.
In fact, court challenges to such magazine limits have met a mixed bag of success and failure, with some courts handing down rulings that the magazines are “arms” protected under the Second Amendment and others saying they are just “accessories.”
In an attempt to get the matter settled once and for all, the National Rifle Association recently filed a petition for certiorari with the U.S. Supreme Court, asking the court to hear the case Duncan v. Bonta, which challenges California’s ban on magazines that hold more than 10 rounds of ammunition. |
Nigeria: Insecurity: Allow citizens to carry arms – OPCI
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The President of Oodua Progressive Care Initiative (OPCI), Maruff Olanrewaju, has disclosed that arming law abiding citizens will enhance community security and reduced crime rate in Nigeria.
Olanrewaju made the call yesterday in Ilorin, while addressing newsmen on security challenges in Nigeria.
According to him, legalizing firearm ownership for citizens would help tackle the insecurity situation in the country. The OPCI President also stressed that legalization of firearm ownership for citizens would empower communities to take charge of their security, thereby reducing the vulnerability exploited by armed groups. |
Appeals Court Backs Florida Medical Marijuana Patients in Gun Rights Battle
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On Wednesday, a three-judge panel of the 11th U.S. Circuit Court of Appeals rejected the government’s argument that medical marijuana patients should be treated like drug addicts or dangerous individuals. Writing for the panel, Judge Elizabeth Branch stated:
“When viewed in the light most favorable to the plaintiffs, the allegations in the operative complaint do not lead to the inference that the plaintiffs are comparatively similar to either felons or dangerous individuals—the two historical analogues the Federal Government offers in its attempt to meet its burden”. |
PA: Thompson/Center to bring back flintlock rifles for primitive hunting like in Pennsylvania
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The owner of a legacy firearms company will be bringing back the company’s Hawken flintlock rifles that have been popular with Pennsylvania hunters for decades.
Gregg Ritz, who purchased Thompson/Center Arms in 2024, is manufacturing a variety of the guns the company made over the past half-century.
“This was a passion to see a legacy brand come back to life,” he said in a video interview.
Ritz, 56, first started working with T/C at age 26 as a national sales manager and now lives near the company’s headquarters in Rochester, New Hampshire. |
Retay RXP22 First Looks: Budget Plinker with Big Potential
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Mark A. Taff
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When I was first assigned the Retay RXP22 to review, I didn’t know what to expect. I don’t shoot a lot of .22 LR guns, and when I do, they are typically in the rifle family. Still, what’s not to like about a .22 LR that’s optics-ready with a threaded barrel? Paired with the new B&T Print-X suppressor I just picked up, I found myself a fun new plinking companion.
Summary up front: I’m not done testing these two RXP22 guns by a long shot, but so far, I’ve found them to be enjoyable plinking handguns. |
WA: Some Washington judges aren’t ordering accused abusers to surrender guns. A new court ruling could change that.
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The Flannery decision, which said an earlier version of the state’s firearm surrender law was unconstitutional under the Fourth and Fifth Amendment, has been similarly cited by judges throughout Washington as preventing them from ordering alleged abusers to give up their weapons, court records show.
Now, the barriers created by Flannery could be knocked down. In one of the clearest rulings to date on the constitutionality of Washington’s firearm surrender law in protection order cases, the state Court of Appeals rejected Montesi’s argument, concluding that the law is constitutional. |
Navy Orders $40 Million worth of 6.5 Creedmoor Ammo
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The Naval Surface Warfare Center has issued a contract for millions of rounds of 6.5mm Creedmoor ammunition for use by Special Operations and the Marine Corps.
The $40 million maximum award, to South Dakota's Black Hills Ammunition Inc., was announced by the Pentagon earlier this week, with Black Hills beating out submissions from five other companies. The pre-solicitation notice issued last December was for 17,367,760 rounds of DODIC AC58 6.5x49mm Special Ball Long Range Ammunition. |
DC: DC Attorney Jeanine Pirro blames illegal guns for youth deaths
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U.S. Attorney for the District of Columbia Jeanine Pirro blamed illegal guns and lack of accountability for the deaths of dozens of young people as the nation’s capital reached 100 homicides this year.
Speaking at a press conference Tuesday, one day after President Donald Trump declared a crime emergency and announced a federal takeover of D.C.’s Metropolitan Police Department, Pirro displayed posters showing 29 youths killed by gunfire in 2024 and 16 in 2025.
“I guarantee you that every one of these shootings was with an illegal gun,” Pirro said. “It’s guns on the streets. It’s individuals who are not concerned about accountability, who don’t have any reason to fear law enforcement.” |
FL: Appeals court sides with pot patients in gun restriction case
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Siding with medical marijuana patients in a Florida case, an appeals court on Wednesday found that federal restrictions barring pot patients from buying and using guns appears to run afoul of the Second Amendment.
The federal government “failed to meet its burden … to establish that disarming medical marijuana users is consistent with this nation’s history and tradition of firearm regulation,” the decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals’ panel said.
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Why a Federal Court Says Machine Guns Aren’t Protected by the 2A
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The ruling was heavily reliant on history. The “dangerous and unusual” test, originally stated in Heller, was used here in reference to the trajectory of the machine gun in American history. Griffin discussed how, following World War I, the weapons became trendy among criminals, particularly during Prohibition, and were associated with large-scale casualty. That historical association with crime, he said, “illustrates its lack of connection to lawful purposes.” |
Trump DOJ Warned Against Efforts to Block Enforcement of Constitutional Rights
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Firearms Policy Coalition (FPC) today warned of a new Trump Administration strategy to block enforcement of constitutional rights.
In its recent brief in Elite Precision Customs v. ATF — FPC’s Second Amendment lawsuit challenging the federal ban on purchasing handguns outside a person’s state of residence — the Department of Justice argued that, if FPC is successful in striking down the law, the court should enter an extremely narrow injunction that would leave the unconstitutional law in place for everyone except two individuals and one Texas firearms retailer, allowing them to continue denying millions of peaceable people their right to keep and bear arms. |
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QUOTES
TO REMEMBER |
As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms. — Tench Coxe in `Remarks on the First Part of the Amendments to the Federal Constitution' under the Pseudonym "A Pennsylvanian" in the Philadelphia Federal Gazette, June 18, 1789 at 2 col. 1. |
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