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If SCOTUS ever has the balls to take a straight challenge to an AR-15 ban (and they may be forced to if/when a circuit split occurs) then it will end up with a decision that is very hard to write in such a way that it doesn't basically gut the closed NFA registry as well. Because a straight...

The Massachusetts one is more than just a 36% tax. It is 36% of the wholesale value of the firearm. So when a dealer sells a gun that the dealer paid a thousand dollars for they owe the state $360, plus sales tax, plus income tax on any profit from the sale. That amount will get tacked onto...

And a direct challenge to Miller is something that should be done. How that case was handled is utterly indefensible under modern jurisprudence. One side not being represented by a lawyer and explicitly saying that they trust the government to present both sides makes it a farcical case. I...

It's not the time for that challenge yet. The last thing that you should really want is SCOTUS (and to a lesser extent an appeals court) hearing a flat out challenge to the machine gun registry at this time. Way too much chance of getting bad precedent out of it. First you want one of the...

The issue is that if you get a clear cut NFA challenge to SCOTUS at the moment, you are reasonably likely to get a decision that upholds the NFA regardless of the reasoning behind that decision. That decision will then be used as grounds for all other kinds of restrictions. You really want the...

Fucking idiots. Yes, the NFA should fall under basically any reasonable reading of the Second Amendment (at least as implemented today) but now is not the time to challenge it and that isn't the way to challenge it. If you want an NFA test case then what you do is have an FFL manufacture a...

Alas, it is unlikely to reach that far. Most likely, the courts rule that the ATF didn't properly follow Notice and Comment and so rule on those grounds. Without actually reaching the validity of any of the parts of the "Final Rule". So ATF is forced to go through Notice and Comment again, and...

It's certainly a better outcome than could reasonably have been feared. Of course, the real test comes in implementation. The core, relevant, holding is that the test is, essentially, "does the conduct in question fall under the plain text of the second amendment?". If the answer to that...

Nope. The YouTuber was saying his videos were sponsored by another business. All of the charges against him are iffy even if the autokeycards were actually machine guns. More importantly though, what was sold was metal cards with a design etched into it. They were not machine guns. This is ATF...

The WW1/Wilson discussion belongs in a separate thread, not having to do with 2A/Gun rights/gun related legal issues.

9th Circuit actually https://law.justia.com/cases/federal/appellate-courts/ca9/15-15449/15-15449-2018-08-03.html Although it was a really shitty decision.

By issuing an opinion saying that they do, thus binding lower courts in said state to treat the law in question as unconstitutional. Of course, it will end up appealed first to the state Supreme Court and then into the federal courts (and potentially all the way up to SCOTUS). The decision...

The Superior Court in Pennsylvania purporting to have the authority to declare federal law unconstitutional so that someone can sue a gun manufacturer for a "defective" product because the gun lacked a magazine safety and an idiot shot another person thinking the gun was unloaded. It will be...

You need four votes to grant cert. Those four absolutely existed. You need five to win. The most likely outcome was that one of the four wasn't confident that Roberts would vote to support a strong second amendment and so refused to grant on the theory that they can produce the four votes...

Ugh. https://www.cato.org/blog/second-amendment-supreme-court-abdicates-its-duty-say-what-law This is disappointing. Hopefully Trump wins and gets to replace Ginsburg or Breyer. If that happens before SCOTUS starts digging into 2A cases then we might get some really good precedents. Still, I...

So New York State Rifle & Pistol Association Inc. v. City of New York was ruled moot today, which isn't really a surprise. https://www.scotusblog.com/2020/04/opinion-analysis-court-sends-new-york-second-amendment-case-back-to-lower-courts-without-ruling-on-the-merits/#more-293370...