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Category Archives: Second Amendment Case Law
7th Circuit Court of Appeals holds that the Second Amendment applies outside the home
In an opinion issued today in the Illinois case of Moore v. Madigan, the Seventh Circuit Court of Appeals held that the Second Amendment “right to keep and bear arms for the purpose of self-defense … implies a right to carry a loaded gun … Continue reading
Ninth Circuit issues holding in Nordyke v. King
The Ninth Circuit Court of Appeals, sitting en banc, has finally issued a holding in the case of Nordyke v. King. This case involved an ordinance passed by Alameda County in California. The ordinance generally prohibited the possession of firearms … Continue reading
Maryland returns unprocessed handgun permit applications
I wrote last week about Maryland’s appeal in the Woollard v. Sheridan case. I also noted that Judge Legg had issued a temporary stay of the ruling pending a May 23rd final hearing on whether or not a permanent stay should … Continue reading
Does the Second Amendment protect non-violent felons?
The answer, according to the Wisconsin Court of Appeals, is “No”. The court ruled today against Thomas Pocian, who, in 1986, was convicted of felony forgery. Subsequently, in 2008, Pocian shot two deer with a rifle borrowed from his father. … Continue reading
Posted in Felons, Second Amendment Case Law, State Laws, Wisconsin
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Illinois Supreme Court Remands Second Amendment Challenge in Wilson v. County of Cook
The Illinois Supreme Court has just now released its opinion in Wilson v. County of Cook and it contains ‘slightly’ good news for Second Amendment advocates. If you recall, Wilson was filed by Illinois residents and gun owners Matthew D. Wilson, Troy Edhlund, … Continue reading
Maryland to appeal the ruling in Woollard v. Sheridan
As expected, the Maryland Attorney General’s office has filed a timely notice of appeal in the case of Woollard v Sheridan. The state had signalled their intention to appeal in a Motion For Immediate Stay Pending Appeal which they filed … Continue reading
Permanent resident aliens have second amendment rights too
In Fletcher v. Haas [1. Fletcher v. Haas (D. Mass. Mar. 30, 2012). Available at http://ia600607.us.archive.org/23/items/gov.uscourts.mad.135876/gov.uscourts.mad.135876.31.0.pdf], the United States District Court for the District of Massachusetts held that Permanent resident aliens are included amongst ‘the people’ as the term is used in … Continue reading
Contempt of court George Wallace style
“To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?” – Chief Justice John Marshall (Marbury v. Madison) Hard … Continue reading
‘Substantive’ victory for gun owners
“I would follow what I believe was the original purpose of the Fourteenth Amendment-to extend to all the people of the nation the complete protection of the Bill of Rights. To hold that this Court can determine what, if any, … Continue reading
Incorporation 101: The Second Amendment is no good here
The hot breaking news today is that the Supreme Court has agreed to hear the case of McDonald v Chicago. This is an incredibly important event because McDonald is the first Second Amendment incorporation case to be heard by the Supreme Court since … Continue reading
