Following the U.S. Supreme Court's controversial 2008 decision in Heller v. District of Columbia1 holding that the Second Amendment confers on individuals—as opposed to state militias—a right to possess handguns, the federal courts have been awash in disputes about the boundaries of this newly minted constitutional entitlement. Other than extending Heller from the District of Columbia to states and municipalities,2 the Supreme Court has not revisited the issue, leaving it to the circuit courts to construct an entirely new area of constitutional law.
Since February, when I last wrote about Second Amendment developments, the U.S. Court of Appeals for the Second Circuit has issued a significant decision examining the interplay between Second Amendment and First Amendment rights, and the Supreme Court has denied review in another important gun rights case from the circuit in which First Amendment concerns played a key role. In yet a third case, the Second Circuit rejected an effort to invoke the Second Amendment to immunize a criminal defendant from prosecution for possessing a lawfully purchased shotgun. Taken together, these decisions point to a relatively narrow approach to gun rights in the Second Circuit—at least for now.
Gun/Parade Permit Fees
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