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Does the Second Amendment really protect assault weapons? Four courts have said no.
Almost exactly a year ago, gun-rights groups asked a federal appeals court to consider whether a Maryland law banning assault weapons was unconstitutional. The law was passed in the aftermath of the Sandy Hook Elementary massacre, which left 20 first-graders and six adults dead after a man bearing an AR-15 style weapon stormed the school, […]
Gorsuch a mystery on Second Amendment
Despite strong endorsements from some gun rights advocates, Supreme Court nominee Neil Gorsuch has a slim appeals court record on the subject — a record that leaves his views a mystery on how far constitutional firearms rights extend. The National Rifle Association notes favorably a 2012 case in which Gorsuch wrote for the 10th U.S. […]
Appeals court strikes down Florida law that barred physicians from asking about gun ownership
In 2011, the Florida state legislature passed a law called the Firearms Owners’ Privacy Act. The act prohibited Florida doctors from asking routine questions about their patients’ gun ownership, unless that information was deemed relevant to patient care or the safety of others. It also barred physicians from making a record of whether a patient […]
Second Circuit — Second Amendment: United States v. Bogle
U.S. Court of Appeals for the Second Circuit Second Amendment Possession by a Felon United States v. Bogle 11-349-cr Judges Walker, Katzmann and Lynch Background: The defendant appealed his conviction for possessing a firearm and body armor as a convicted felon on the grounds that the conviction violated his Second Amendment right to bear arms. […]
Court denies drug trafficker right to own a gun
The Second Amendment does not protect the right of criminals to keep and bear arms, even if the weapon is lawfully purchased for self-protection, the U.S. Court of Appeals for the Second Circuit has ruled. The court rejected the appeal of Ron Bryant, 35, a Rochester man who lost his right to own a gun […]
MCBA hosts forum on gun violence
One thing opposing sides in the gun violence debate agree on is that it is time for a discussion. And, it should be a fairness discussion, according to Scott Armstrong, a former National Rifle Association lobbyist from Syracuse who believes the new New York Secure Ammunition and Firearms Enforcement Act, commonly referred to as the […]
Local battles over new state gun law continue
Even though Monroe and Ontario counties are ready to formally oppose stricter gun regulations implemented earlier this year, it appears Gov. Andrew Cuomo is sticking to his guns when it comes to the NY SAFE Act. Cuomo, in response to proposed revisions to the law from Republican state senators, said he is open to “technical” […]
Reilich to host Second Amendment Day
Assemblyman Bill Reilich, R,C,I-Greece, is inviting Second Amendment advocates, sportsmen, businesses and constituents to join him at NY2A Day in Albany on Feb. 28 for a rally to protect the Second Amendment. Throughout the day, participants from across the state will meet with their representatives regarding provisions of the NY SAFE Act and attend a […]
Second Circuit — Second Amendment: Kachalsky et al v. City of Westchester et al.
U.S. Court of Appeals for the Second Circuit Second Amendment Proper Cause Requirement — Carry Permits Kachalsky et al v. City of Westchester et al. 11-3642(L) Judges Katzmann, Wesley, and Lynch Background: The plaintiffs appealed from an order that granted summary judgment to the defendants. The plaintiffs sought declaratory and injunctive relief barring New York […]
Ballistics identification gone, for now
The New York State Combined Ballistic Identification System effectively ended last Friday when the final state budget left out funding for the controversial anti-gun measure. The system, known as CoBIS, required licensed semiautomatic firearm dealers and gun manufacturers to file spent cartridge shells with regional New York State Police CoBIS storage centers within 10 days […]
Second Amendment faces new challenges
It has been nearly 220 years to the day that the Second Amendment was adopted as part of the Bill of Rights and as with many amendments, its meaning is still being interpreted. Alan Gura, a partner in the Virginia firm Gura & Possessky PLLC, discussed some of the more significant cases recently with members […]
Second Amendment to get second SCOTUS look?
new U.S. Supreme Court term is already set to be one for the record books with issues like immigration reform, same-sex marriage rights, the constitutionality of warrantless GPS tracking and the health care law all on tap. But there could be another high profile issue before the justices — again: the Second Amendment.
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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