Just How Far Can Gun Control Go Under the Second Amendment?
U.S. Eleventh Circuit Court of Appeals - Smith v. Odom - False Claims Act, standard, public disclosure - Fla Ag Comm’r v. US Att’y Gen - Second Amendment, firearms, medical marijuana - ...more
Welcome to another monthly roundup of notable Fifth Circuit Criminal and White Collar-related case updates. July was a relatively quiet month for published criminal decisions, with the Court issuing just three new decisions,...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the Supreme Court will considering hearing a case involving guns and cannabis....more
Hi all. Below is the June edition of the Fifth Circuit criminal and civil case summaries, with a special focus on cases of interest to white-collar practitioners. In June, the Fifth Circuit considered a number of Bruen-based...more
In Nguyen v. Bonta, the Ninth Circuit Court of Appeals addressed the constitutionality of California’s “one-gun-a-month” law, which prohibits purchasing more than one firearm within a 30-day period. The Court affirmed the...more
The U.S. Supreme Court did not issue any merits opinions yesterday, but it did issue two orders denying cert. One of them, Nicholson v. W.L. York, Inc., is potentially significant for litigants of discrimination claims under...more
A recently issued decision by the Eleventh Circuit may open the door for additional direction from the U.S. Supreme Court regarding the scope of the Second Amendment. In National Rifle Association v. Bondi, the Eleventh...more
Introduction A divided Ninth Circuit panel ruled that Hawaii cannot enforce laws that (1) allow acquisition of a handgun only within 30 days of obtaining the necessary permit and (2) require physical inspection of a firearm...more
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
U.S. Eleventh Circuit Court of Appeals - Albert v. Ass’n of Anti-Money Laundering - ADA, § 309 - NRA v. Bondi - firearms, sales to minors, young adults, constitutional challenges - Org of Prof Aviculturists v. FDLA...more
On Friday, February 7, President Trump issued a first-of-its-kind Executive Order prioritizing the Second Amendment as “an indispensable safeguard of security and liberty.” The order is the first step in what could be a broad...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
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
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
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