Free Republic

In response to the Bruen decision, a few states have decided to defy the Supreme Court. The first was New York, which took the extraordinary step to declare an emergency, call the legislature into an emergency session, and pass a complicated, extensive statute which criminalized the carry of firearms in such a manner as to render carry outside the home impractical. In spite of several lawsuits contesting the New York law, other states have followed New York’s example. One of those states is New Jersey. Bill A4769 (ACS) was passed into law on December 22, 2022.The lawsuit, KOONS v. REYNOLDS,...

WASHINGTON, Dec 7 (Reuters) - President Joe Biden on Wednesday renewed vows to secure a new ban on assault weapons in the United States as he turns up heat on lawmakers to pass legislation before his party loses control of Congress next month. Lawmakers have shown little inclination to outlaw assault weapons since a ban on high-capacity firearms expired in 2004, but Biden is hoping to seize on outrage about the regularity of shootings to lead to greater pressure on them to change their mind. "We did it before," Biden said of the ban at a vigil for victims of...

Two different federal courts, in two different Circuit Courts of appeal, have refused to grant preliminary injunctions against the implementation of the ATF “Final Rule.” The Final Rule completely changes the definition of a firearm in Federal law. On August 23, in the United States Court for the Eastern District of North Dakota, in the Eighth Circuit, Judge Peter D. Welte refused to grant a preliminary injunction against the massive changes to federal law proposed in the “Final Rule” put forward by the Biden Administration, through the ATF.On August 24, 2022, the District Court for the Galveston Division of the...

The Supreme Court decision in Bruen sets an appropriate standard for evaluating laws that violate a fundamental, enumerated right protected by the Constitution in the Second Amendment. When there is a challenge to a federal or state rule, law, or regulation claiming such rule, law, or regulation violates the Second Amendment, the court is to evaluate the law based on the historical tradition of firearms regulation. It is up to the State to prove the longstanding history and cultural acceptance of such laws, rules, and regulations. If the State cannot prove such history and acceptance, the laws, rules, or regulations...

On November 2, 2018, Oakland tactical filed a lawsuit against Howell Township, Michigan, for using zoning to prevent the ability to construct commercial ranges in the Township, particularly a thousand-yard range on property which was a former quarry. Oakland Tactical has an option to purchase the property to construct such a range. On July 11, 2019, an amended complaint was filed by Oakland Tactical. From the complaint by Oakland Tactical:3.Howell Township has prohibited the siting, construction, and operation of shooting ranges in the town through its zoning regulations by failing to provide or allow any designated areas within the town...

The impact of the U.S. Supreme Court’s recent landmark decision on firearms is reverberating throughout Massachusetts and in particular in Springfield where the Police Department found its decades-old practice of routinely restricting — or even denying — licenses to carry firearms was suddenly unconstitutional. “With the new changes from the Supreme Court decision, that’s all gone,” said Deputy Police Chief William Cochrane. ... The concern among lawmakers is that Bruen will chip away at Massachusetts’ gun laws, considered among the toughest in the nation, that have been on the books for decades and longer in some instances. The first law...

Extraordinary times indeed. Inflation is at its highest in 40 years where gas and food prices are at an all-time high forcing people to choose what needs they can afford. Out of control crime for the past several years is causing nearly 80% of New Yorkers to be concerned that they could be a crime victim. Yes, there should be an Extraordinary Session to address these issues so New Yorkers can afford to live and feel safe to live in New York. An Extraordinary Session to make it more difficult for law-abiding citizens (they are law-abiding if they are going...

On June 24th, 2022, one day after the long-awaited Supreme Court decision in the New York State Rifle & Pistol Association v. Bruen case, the Office of the Attorney General of California sent out a legal alert about how the case affects the issue of concealed carry permits in the state. Justice Clarence Thomas, in Bruen, set out considerable guidance about how “shall-issue” regimes need to issue permits in order to be considered abiding by Second Amendment. From page 36, footnote 9:Rather, it appears that these shall-issue regimes,which often require applicants to undergo a background check or pass a firearms...

With the release of five more decisions on Tuesday, June 21, the justices now have 13 cases left to release before they leave for their summer recess. Some of those as-yet-undecided cases are high-profile ones involving issues like abortion, gun rights, and religion, but the justices are also tackling important issues such as the “major questions” doctrine and whether the Biden administration must continue to enforce the “remain in Mexico” program. The justices are scheduled to release opinions again on Thursday, June 23. Here are brief summaries of the 13 cases that have not yet been decided, but could be...