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The new Supreme Court term starts this Tuesday, and it's going to be a Second Amendment barn burner. The headliner is New York State Rifle and Pistol Association v. City of New York, challenging NYC's ban on taking your handgun out of the city. Paul Clement is representing the NYSRPA, the case is scheduled for oral argument on December 2, and it's probably going to go well for the NYSRPA.

The question now is how well. The Court could rule really narrowly, more broadly, or do generally whatever it feels like doing. Their ruling could create precedent for future 2A cases, and here's the thing — there are a lot of future 2A cases. This very term, there are 10 cases that are going to be petitioning for cert. Here they all are, grouped by subject area.

(And you can keep track of all 2A Supreme Court cases with your live database of cases.)

May-issue carry permits
  • Rogers v. Grewal, challenging New Jersey's may-issue laws. Paul Clement is also representing the petitioner in this one. It's being held by the Court right now, likely until NYSRPA is resolved.
  • Gould v. Lipson, challenging Massachusetts' may-issue laws. This is also being held by the Court pending NYSRPA.
  • Cheeseman v. Polillo, also challenging New Jersey's may-issue laws. This is scheduled to be discussed at the justices' October 1 conference, and will also likely be held pending NYSRPA.
  • Malpasso v. Pallozzi, challenging Maryland's may-issue laws, and also with Paul Clement representing the petitioner. 
  • Ciolek v. New Jersey, a third case challenging New Jersey's may-issue laws.
State-level bans
  • Peña v. Horan, challenging California's handgun roster which has banned new handguns in the state since 2013. Alan Gura (one of the lawyers who won Heller) is representing the petitioner. Like some others, this case is also being held by the Court pending NYSRPA.
  • Worman v. Healey, challenging Massachusetts' AWB.
Federal bans
  • Mance v. Barr, challenging the federal ban on buying a handgun at an out-of-state FFL. This is also an Alan Gura special, and also being held by the Court pending NYSRPA.
  • Medina v. Barr, challenging the blanket lifetime ban on gun possession by all felons, even when the felony was relatively minor and/or a long time ago. Another Alan Gura special.
  • Kanter v. Barr, also challenging the felon ban, and also an Alan Gura special.

And all of that is just the cases with cert petitions coming up this term. There are plenty more cases in all of these subject areas that are still working their way through the lower federal and state courts. And if you're counting, that's three 2A cases from Paul Clement this term and four from Alan Gura. (Also, David Thompson had two himself — Gould and Malpasso — but Malpasso just switched over to Clement.)

Get ready. A favorable, broad ruling in NYSRPA will knock down a lot of dominos very quickly, not least because the Court is holding four cases on pause — Rogers, Gould, Peña, and Mance, and probably Cheeseman after this Tuesday's conference — so that it can incorporate its NYSRPA holding into how it proceeds. And no matter what, this area of the law is only going to get much, much busier over the next couple years.


This week's links

The Effectiveness of Rifle Fire Across Cultures
Fascinating breakdown of the counterintuitive role that insurgent snipers played in Afghanistan and Iraq, and what that means for small arms as a check on a tyrannical government. Also check out this followup comment with really interesting details from a vet.


How to Buy a Gun: A Case Study in Navigating the Legal Bureaucracy
Someone in the US on a nonimmigrant visa (specially, a Canadian on a TN visa) tries to figure out how to legally buy a gun. Spoiler: it's complicated.


Inside Post Malone's Apocalypse-Ready, $3 Million Utah Compound
Fan of his music or not, Posty's one of the most visible, popular pro-gun voices out there, and he's doing an awesome job normalizing positive gun ownership. 

On why he moved to Utah: "It’s free country out there. Like, you can buy suppressors in Utah. You can do open carry. Walk into the grocery store with a handgun on your hip. Cowboy shit." 

On why he collects guns: "They’re fun, they’re practical, and bad shit happens. If you hurt me, I’m gonna hurt you back. I have a lot of valuable shit. I have a lot of friends I wanna protect."

And check him out rocking a Louis Vuitton plate carrier in his new music video. Normalizing this stuff matters. And it works best when people hear it from someone they like. Shout out to Post Malone.


Nobody needs a pointed knife
The idea is as silly as you'd expect. But note how naturally it flows. Once you accept the framing of "show me why you need x", the game's already over.


Call of Duty: Modern Warfare x T.Rex Arms
Lucas did motion-capture work for the game's developers. Cool stuff.

 


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