The Biden administration has requested the Supreme Court overturn a recent decision that the federal ban on gun possession by people subject to domestic-violence restraining orders breaches the Second Amendment, and are defending it with historical precedent, however, there are reservations about whether the comparisons made are similar enough and the threat it poses to civil liberties.
The US Department of Justice is arguing that a federal law that makes it a felony for cannabis consumers to possess firearms is "consistent with this Nation's historical tradition of firearm regulation" and references laws that prohibited people from carrying or firing guns while intoxicated, which it argues are analogous to the gun ban for marijuana users.
Illustratiert durch KI / DALL-E
The article examines the legal history of regulations and prohibitions on particular types of arms in America before 1900, including firearms, knives, swords, blunt weapons, and others, with the goal of providing resources for lower courts to review modern gun control laws in part by analogy to historic laws before 1900, and it concludes that prohibitions on semiautomatic rifles and magazines lack foundation in American legal history.
President Biden has issued an executive order aiming to move federal regulation of gun sales as close to universal background checks as possible without additional legislation, relying on a redefinition of who qualifies as a gun dealer and therefore must obtain a federal license and comply with related rules, including customer background checks.
The Biden Administration, which recently pardoned low-level federal marijuana offenders, is defending the loss of Second Amendment rights for marijuana users, which is considered unconstitutional by some as it disproportionately affects low-level offenses and is an open-ended license to deprive people of their Second Amendment rights.
A judge has issued a preliminary injunction that blocks a Biden administration rule aiming to ban 'ghost guns' by administrative decree, which rewrites federal law and threatens the livelihood of various businesses; this is not the first time a presidential administration has sought to unilaterally impose new gun controls that reverses ATF's longstanding positions while defying the rule of law and the separation of powers.
Five people have been arrested by Fresno Police Chief Paco Balderrama in connection with a series of bombings, with bomb-making components, firearms, methamphetamine, and white supremacist paraphernalia seized by the task force.
Was ist Firearms Law?
Firearms Law governs the ownership, possession, and use of guns and other firearms. It encompasses federal and state laws that regulate the manufacture, sale, transfer, and possession of firearms. Firearms law can also cover criminal law related to the illegal use of firearms, as well as constitutional law related to the Second Amendment and the right to bear arms. Compliance with firearms law is crucial to avoid criminal charges and civil liability. It is essential to consult with a skilled firearm lawyer to ensure that all laws and regulations related to firearms are followed correctly.
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The Volokh Conspiracy
The Volokh Conspiracy is a group blog that covers legal and political issues from a libertarian and conservative perspective. The blog is widely regarded as one of the most influential legal blogs on the internet, and its contributors are often quoted in the media and cited in court decisions. The blog has won numerous awards and has been recognized as one of the top law blogs by publications such as the ABA Journal and the American Lawyer.
The Crime Report
The Crime Report (TCR) is the nation’s only comprehensive news service covering the diverse challenges and issues of 21st century criminal justice in the U.S. and abroad. Staffed by working journalists in New York, Washington and Los Angeles, it is published daily through the year by the Center on Media, Crime and Justice at the John Jay College of Criminal Justice in New York.
Weintraub Tobin is an innovative provider of sophisticated legal services to dynamic businesses and business owners, individuals, emerging companies, and nonprofits. More than 80 attorneys serve U.S. and global clients’ business law and litigation needs.
FindLaw's Legal Blogs bring you the latest legal news and information. Both consumers and legal professionals can find answers, insights, and updates.
In-House Ops delivers information that is key to career development, law department administration, procurement of legal services and in-house legal technology.
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