guncontrol
Last month, a federal judge ruled that New Jersey's ban on AR-15 rifles is unconstitutional. A week later, a federal appeals court deemed a similar ban in Maryland perfectly consistent with the Second Amendment. These dueling decisions reflect a basic disagreement about whether the Second Amendment allows the government to ban guns that are commonly used for lawful purposes, as opposed to "dangerous and unusual weapons." The answer seems clear based on the Supreme Court's precedents. The Court's landmark 2008 decision in District of Columbia v. Heller, which overturned a local handgun ban, not...
Reason
This week, a federal judge ruled that a major provision of New Jersey's "assault weapon" ban is unconstitutional, but he was not happy about saying so. The decision illustrates how the Supreme Court's Second Amendment precedents have constrained the discretion of judges who are personally inclined to support gun control. New Jersey's Assault Firearms Law—which the state Legislature approved in 1990, responding to a mass shooting at a Stockton, California, elementary school the previous year—bans a list of specific rifle models, along with "any firearm manufactured under any designation which i...
Reason
A special prosecutor is opposing a request by former movie armorer Hannah Gutierrez-Reed that she be released from prison while seeking a new trial and appeal of her involuntary manslaughter conviction in a 2021 shooting on the set of the film Rust. Kari Morrissey wrote in a response brief that Hannah Gutierrez-Reed’s motion for release “is premature given that the court has yet to receive completed briefing on the defendant’s motion for new trial, hear arguments on the defendant’s motion and rule on the motion in defendant’s favor.” Lawyers for Gutierrez-Reed have argued her case should be re...
Euronews (English)
Talk about your thin-skinned politicians! Apparently, it doesn't take much more than an insult from critics these days to get the governor of Maine to scream for the police. Since When Is Criticism a Crime?Back in December, during an interview with a local NBC affiliate about blunders by official in the lead-up to the Lewiston mass shooting, Maine Gov. Janet Mills left the door open to tighter gun restrictions, including a ban on so-called "assault weapons." That segment was picked up and publicized by The Maine Wire, a conservative-leaning news site. That outlet's post, in turn, drew a pungen...
Reason
When the Supreme Court rejected a challenge to the federal law that disarms people who are subject to domestic violence restraining orders last month, its ruling was narrow. "Our tradition of firearm regulation allows the Government to disarm individuals who present a credible threat to the physical safety of others," Chief Justice John Roberts wrote for the majority in United States v. Rahimi, which overturned a 2023 decision by the U.S. Court of Appeals for the 5th Circuit. The justices left for another day the question of whether the Second Amendment allows the government to disarm people w...
Reason
In a court filing yesterday (Tuesday 16 July), defense counsel for armorer Hannah Gutierrez-Reed argued her case should be reconsidered because prosecutors failed to share evidence that might have been exculpatory. Judge Mary Marlowe Sommer last week brought Baldwin's trial to a sudden end based on misconduct of police and prosecutors over the withholding of evidence from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film Rust. Baldwin, the lead actor and co-producer for Rust, was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa...
Euronews (English)
The 2016 Republican Party platform, which condemned Democrats for proposing laws that would "eviscerate the Second Amendment," devoted three paragraphs to gun rights. The 2020 platform did not discuss the subject at all because there was no 2020 platform; the party instead promised to "enthusiastically support the President's America-first agenda." This time around, the Republican National Committee (RNC) did approve a platform. But as The Reload's Jake Fogleman notes, the RNC has excised any mention of the Second Amendment except for a passing reference. That reference appears in a list of "t...
Reason
Two years ago, New York Times columnist David French complains, the Supreme Court "created a jurisprudential mess that scrambled American gun laws" by saying they must be "consistent with this Nation's historical tradition of firearm regulation." Last week, French suggests, the Court drew back from the precipice when it upheld a federal law that disarms people who are subject to domestic violence restraining orders. That take is somewhat misleading, since all eight justices who voted to uphold that law plausibly claimed to be following the approach that the Court prescribed in the 2022 case Ne...
Reason
The US Surgeon General declared that gun violence in the country constitutes a "public health crisis" and issued an advisory calling attention to the "urgent" issue. Firearms have been the leading cause of death for children and adolescents in the US, according to the advisory, over motor vehicles, poisoning and cancer. Surgeon General Vivek Murthy has called on the US to ban automatic rifles and regulate the industry, but the US Congress typically recoils at gun control measures. Some US state legislatures, however, have enacted or may consider some of the surgeon general's proposals. Murthy ...
Euronews (English)
A federal law that Congress enacted in 1994 prohibits gun possession by people subject to domestic violence restraining orders. Since that seems like a no-brainer, many people were dismayed when the U.S. Court of Appeals for the 5th Circuit deemed that provision unconstitutional last year in United States v. Rahimi. But as anyone who reads the majority and concurring opinions in that case can see, there is a striking problem with 18 USC 922(g)(8): It disarms people even when there is little or no evidence that they pose a danger to others. In an 8–1 decision today, the Supreme Court avoided th...
Reason
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