Has SCOTUS Replaced One Kind of Unbridled Discretion With Another in Second Amendment Cases?
Although critics say the Court’s current approach is unworkable, it has been undeniably effective at defeating constitutionally dubious gun regulations.
Gun Rights
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
SCOTUS Dodges a Crucial Problem With Disarming People Based on Restraining Orders
The Court says "a credible threat" justifies a ban on gun possession but does not address situations where there is no such judicial finding.
No Charges in ATF Killing Over Paperwork Firearms Violation
Vague rules and an unjustified raid led to Bryan Malinowski’s brutal death at the hands of federal agents.
Critics Fundamentally Misconstrue the Supreme Court's Bump Stock Ruling
The case hinged on the ATF’s statutory authority, not the Second Amendment.
Abortion, Guns, and Hunter Biden.
Plus: A listener asks the editors about the Selective Service.
Supreme Court Upholds the Rule of Law by Rejecting the Trump Administration's Bump Stock Ban
Six justices agreed that federal regulators had misconstrued the statutory definition of a machine gun.
Going Down?
Plus: Hunter Biden is guilty of crimes that shouldn't be crimes, North Dakota's voters take on gerontocracy, and more...
Hunter Biden's Gun Conviction Does Not Resolve a Constitutional Dispute That Pits Him Against His Father
The president's son, who faces up to 25 years in prison for conduct that violated no one's rights, can still challenge his prosecution on Second Amendment grounds.
Donald Trump and Hunter Biden Face the Illogical Consequences of an Arbitrary Gun Law
Their cases illustrate the injustice of taking away people’s Second Amendment rights based on nonviolent crimes
Hunter Biden's Trial Highlights a Widely Flouted, Haphazardly Enforced, and Constitutionally Dubious Gun Law
The president's son, who is charged with crimes that violated no one's rights, theoretically faces up to 25 years in prison.
Trump's Conviction Requires Him To Surrender His Guns. Civil Libertarians Should Be Troubled.
The former president's loss of his Second Amendment rights highlights an arbitrary restriction that applies to many people with no history of violence.
The NRA's Unanimous Supreme Court Victory Is Good for Free Speech—No Matter How You Feel About Guns
The ACLU, another polarizing organization, was willing to defend the NRA in court. That should tell you that some things aren't partisan.
New UnPopulist Article About How Sanctuary Jurisdictions Can Help Curb Overreaching Presidents
I cover both liberal immigration sanctuaries and conservative gun sanctuaries, and the more general principles behind them.
In Hawaii, Permission To Use Medical Marijuana Precludes Permission To Own a Gun
The state's gun permit policy underlines the absurdity of assuming that cannabis consumers are too dangerous to be trusted with firearms.
Old Enough for a Gun, Too Young for TikTok: What's Legal for Teens in Your State?
From tattoos to abortions to gender expression, a confusing mess of laws govern which Americans are considered adults.
The Police Killing of Roger Fortson Shows the Conflict Between the 2nd Amendment and Paranoid Cops
Fortson, a 23-year-old active duty airman, was shot and killed by a Florida sheriff's deputy when he opened the door to his apartment holding a gun at his side.
The New York Times Implausibly Blames 'Looser' Gun Laws for a Homicide Spike That Is Now Receding
Without providing any evidence, the paper says "loosened restrictions on firearms" contributed to gun violence in Columbus.
Daniel Perry's Pardon Makes a Mockery of Self-Defense
Texas Gov. Greg Abbott takes a tactic from the progressive prosecutors he says he opposes.
He Was Sentenced to a Decade in Prison for Having Unlicensed Weapons
Dexter Taylor is now a "violent felon," even though his hobby was victimless.
Here Is Why a Federal Judge Rejected Hunter Biden's Second Amendment Challenge to His Gun Charges
Likening drug users to people who are "mentally ill and dangerous," the ruling says barring them from owning firearms is not unconstitutional on its face.
Academics Use Imaginary Data in Their Research
Academia values the appearance of truth over actual truth.
This Elderly Man Was Arrested After Shooting a Burglar in Self-Defense—for Carrying the Gun Without a License
Vincent Yakaitis is unfortunately not the first such defendant. He will also not be the last.
Supreme Court Takes Up ATF's Unilateral 'Ghost Gun' Rules
Lower courts have been extremely skeptical of attempts to regulate unfinished parts as firearms.
Second Amendment Roundup: ATF redefines "engaged in the business"
Agency pushes the envelope to require gun dealer licenses beyond the statute.
Colorado Legislators Ditch Plan To Ban Guns in Dozens of 'Sensitive Places'
The amended bill applies only to schools, polling places, and certain government buildings.
This Colorado Bill Would Abolish the Right to Armed Self-Defense in Many 'Sensitive Places'
Legislators are taking a page from constitutionally dubious state laws that make carry permits highly impractical to use.
Arizona County Again Defies State Protections for Self-Defense Rights
Tucson and Pima County have a history of passing restrictions that conflict with state law.
Another Judge Says Illegal Immigrants Have Second Amendment Rights
Some supposed defenders of the right to bear arms react with alarm.
Biden Decries Criminalization of Cannabis Consumers Even As He Insists They Have No Second Amendment Rights
Hours before the president said "no one should be jailed" for marijuana use, his Justice Department was saying no one who uses marijuana should be allowed to own guns.
Supreme Court Considers Claim That New York Regulators Violated NRA's First Amendment Rights
State officials “jawboned” financial firms into cutting ties with the gun-rights group.
Law Enforcement Trainers File Scotus Amicus Brief against Maryland Rifle Ban
Citizens should be able to choose the same high-quality defensive arms that peace officers choose
No, Imprisoning a School Shooter's Parents Isn't Justice
James Crumbley, who was convicted of involuntary manslaughter, may be an unsympathetic defendant. But this prosecution still made little sense.
Nebraska Municipalities May Not Ban Guns from Public Parks, Trails, and Sidewalks
So concludes the Nebraska AG's office, partly based on Nebraska state law and partly based on the constitutional right to keep and bear arms.
Florida Man Sentenced to 4 Years in Federal Prison After Shooting Down a Drone
Rather than destruction of property, Wendell Goney was convicted of possession of a firearm as a felon.