Posts about "concurrence"
One Old Misdemeanor, a Lifetime Gun Ban, and the Iowa Ruling That Just Ended It
DES MOINES, IA — The Iowa Supreme Court has thrown out a felony conviction built on a lifetime firearm ban, ruling that the indefinite prohibition could not survive the strict scrutiny that Iowa voters wrote into the state constitution in 2022. In a 5-2 decision filed June 26, the court reverse...
Supreme Court’s Wolford Decision Could Blow A Hole In New Jersey’s AR-15 Ban Defense
A new Supreme Court ruling in Wolford v. Lopez may undercut New Jersey’s defense of its semiautomatic firearm ban by clarifying that “Arms” are protected at Bruen’s plain-text stage.
Supreme Court Strikes Down Hawaii’s ‘Vampire Rule’ in Major Second Amendment Win
The Supreme Court ruled that Hawaii cannot make concealed carry illegal by default in businesses open to the public, handing gun owners a major post-Bruen victory.
SCOTUS Rules the Feds Can't Disarm You Just for Smoking Weed
The Supreme Court handed down its decision in United States v. Hemani this week, and the headline writes itself: Marijuana users can own guns. The Court ruled that the government can't prosecute Ali Danial Hemani under the federal law that bars drug users from possessing firearms, at le...
Justice Thomas Questions Constitutional Basis of Federal Gun Ban
Justice Clarence Thomas says the federal government’s constitutional problem may extend far beyond marijuana users. His Hemani concurrence invites courts to reconsider whether Congress has the authority to criminalize purely intrastate gun possession under §922(g).
Sour Grapes: Jackson’s Hemani Concurrence Rips Bruen, Calls for Means-End Restoration
Justice Ketanji Brown Jackson joined the unanimous judgment protecting Ali Hemani’s Second Amendment rights. Her concurrence, however, called Bruen a “failed experiment” and urged a return to government-friendly means-end scrutiny.
Two Federal Courts, Two Weeks Apart, Split on Whether Silencers Are Protected Arms
NEW ORLEANS, LA — Two federal appeals courts just looked at the same question weeks apart and gave opposite answers. The question was simple. Is a silencer an “arm” the Second Amendment protects? On June 18, the Fifth Circuit said yes. On June 3, the Ninth Circuit said no. That disa...
Supreme Court Rules Federal Drug-User Gun Ban Falls in US v. Hemani
In a unanimous 9-0 ruling, the Supreme Court rejected the federal government’s attempt to disarm a regular marijuana user under 18 U.S.C. § 922(g)(3), strengthening Bruen and requiring individualized evidence before Second Amendment rights are stripped away.
Marijuana and Gun Rights: What the Hemani Ruling Means
The Supreme Court's 9-0 Hemani ruling reshaped marijuana and gun rights. Here's what the decision actually does, what it doesn't, and what it means for you.