DC Court of Appeals decides the district’s ban on high capacity magazines violates the Second Amendment 👇
06.03.2026 15:24
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DC Court of Appeals decides the district’s ban on high capacity magazines violates the Second Amendment 👇
KBJ: maybe i dont understand how the tests work anymore [ed note - me neither!!]. you are saying we have to trust congress. benefit of preBruen test was we actually looked at the means-end fit of what govt was doing. that seems the key point--its all about fit here.
H: i dont think means-end folded
What is this fella’s name? The public needs to know. Also, what does he think about history and tradition?
Same! Alternatively though, this is Trump announcing he’s going on the market
“I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future” will now be in every abstract I write from here on out
Tomorrow marks eight years since my world was turned upside down. I hope you’ll read my most recent blog post.
The JAMA Summit Report on Reducing Firearm Violence and Harms jamanetwork.com/journals/jam...
The court here draws on 2nd Am case law to support this holding
Schascheck on Heller’s Second Amendment Exception and Bruen
Kevin Schascheck II (Independent; Tulane University School of Law) has posted Second Amendment Exceptions on SSRN. Here is the abstract: The Second Amendment guarantees the individual right to keep and bear firearms. But that right has…
Honestly this is one of the most profoundly *original* American sentiments, echoing everything that occupied Bostonians expressed in the pivotal mid-1770s.
KBJ: concede there is no 2A right to carry into someone else's home, right?
Petr. No [ed note: !!!!!!!]
If you listen to arguments this morning, you’ll hear a lot about the limits on states’ authority to change default rules for private parties—turns out the Supreme Court recently weighed questions like these & said states have a lot of residual authority ⬇️
I've just posted a draft essay called "Tradition Without Text?" (forthcoming in Duke Law Journal Online). It critiques Dobbs for using crude positive-law proxies to identify "historical understandings of ordered liberty."
papers.ssrn.com/abstract=609...
PSA: The West Wing is back on Netflix
over the course of 1871, congress held seven months of hearings on ku klux klan and other white vigilante violence in the south, they took detailed testimony from hundreds of black men and women attesting to klan terror. (1/?)
Call for Papers for the annual Duke/Wyoming Firearms Law Works-in-Progress Conference! This fun conference has grown mightily over the years. If your work intersects with guns (or nongun weapons!) at all, you should submit!
firearmslaw.duke.edu/2026/01/of-i...
[wakes up] “I’m sorry, what”
NEW: Creating a circuit split, a 9th Cir panel decrees that CA's ban on openly carrying firearms violates the Second Amendment.
The 2-1 panel decision is written by Trump-appointee Judge VanDyke, possibly the most extreme federal circuit judge in 2A cases.
fingfx.thomsonreuters.com/gfx/legaldoc...
For decades, gun violence research was stifled, but in the past five years, the field has greatly expanded, with an unprecedented volume of studies published.
Here’s a look at some of the most important findings from this year’s body of research:
I overpacked for the UK and am feeling the consequences—too little space for souvenirs!
I get that many Senate Democrats don’t want to fight, just in general. Okay. Unfortunately, that’s the job at this moment in our politics, and when each of them was last elected—in 2020, 2022, or 2024—that was quite clear. They knew what they were signing up for.
Lead or leave. Good god.
BREAKING: SCOTUS lets Trump administration implement anti-trans, anti-nonbinary passport policy.
The Democratic appointees, led by Justice Ketanji Brown Jackson, dissented. The ruling, which applies during litigation, effectively reverses two lower court rulings.
Today, at Law Dork:
Where is the shall not be infringed discourse around sandwiches??
Deadly political violence has shaken the country this year, and researchers suggest that there is more to come.
New studies indicate that support of political violence is associated with support of the NRA and racist and homophobic beliefs.
The 5th Circuit struck down the the law as applied to Hemani so I think the odds are very good that the Court reverses and upholds the prohibition at least as applied to some unlawful drug users.
The case won't require the Court to get into the tougher cases -- medical & "legal" marijuana.
The Supreme Court just granted review in *another* Second Amendment case for the term and will decide whether the federal law prohibiting the possession of firearms by anyone who is an unlawful user of or addicted to any controlled substance violates the Second Amendment. June is going to be busy!
Similar petitions keep cropping up. The Court is gonna have to confront this question sooner or later. They seem to be choosing “later,” for now. But they can’t avoid it forever (unless every circuit keeps upholding the laws, I suppose).
🚨The Supreme Court just granted review in a new Seocnd Amendment case out of Hawaii, asking whether the state can flip the property default rule for carrying guns on private property.
Here’s the petition: www.supremecourt.gov/DocketPDF/24...
Just posted a new essay with @williambaude.bsky.social and Sam Bray -
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....