The Second Amendment
Thoughts and Other Materials
of Columbia v. Heller, 554 U.S. 570 (2008), the
Supreme Court held a DC gun ban unconstitutional, finding that
the Second Amendment applied in the District of Columbia. Later,
v. Chicago, 561 U.S. 742 (2010), the Court held that
this amendment applied to the States. Since then, there has been
lots of criminal and civil litigation regarding this amendment.
The Fifth Circuit, in United
States v. Emerson, 270 F.3d 203 (5th Cir.
2001), cert. denied, 536 U.S. 907 (2002), has a good analysis
of the meaning and scope of this amendment. It held, after
historical analysis, "We reject the collective
rights and sophisticated collective rights models for
interpreting the Second Amendment. We hold, consistent with
Miller, that it protects the right of individuals, including
those not then actually a member of any militia or engaged in
active military service or training, to privately possess and
bear their own firearms, such as the pistol involved here,
that are suitable as personal, individual weapons and are not
of the general kind or type excluded by Miller."
In 2013, the Maryland legislature enacted a ban on
semiautomatic, military style guns, resulting in a civil case
being filed to challenge its constitutionality. That federal
court found the ban constitutional in Kolbe
v. O'Malley, 42 F.Supp.3d 768 (D. Md. 2014). But on
appeal, the Fourth Circuit panel found the ban unconstitutional
v. Hogan, 813 F.3d 160 (4th Cir. 2016), and Maryland
petitioned for rehearing. Earlier this year, in Kolbe
v. Hogan, 849 F.3d 114 (4th Cir. 2017), that full
court reversed the panel and found this ban constitutional. The
Fourth Circuit's docket sheet for that appeal is available here.
This case is going to the Supremes.
On July 25, 2017,
Circuit ruled in a case styled Wrenn v. District of Columbia
that what is essentially a ban on open carry in DC was
unconstitutional. Instead of incurring Pacer charges, you
may obtain the opinion here,
where the whole docket sheet for this case is posted, along
with all pleadings.
In 2004, the Depart of Justice published a decision, Whether
the Second Amendment Secures an Individual Right, which is
a great read.
The UN has issued Document
7277 promoting disarmament.
This interesting policy report, Cato Report, shows that gun control is bad, and should be
If you are thinking about joining an organization, Larry Pratt’s
Gun Owners of America, is in
my opinion, the best. I am a member.
The Second Amendment Foundation:
Great folks from Missoula.
Jews for the Preservation of Firearms
Ownership publishes lots of great
For the ladies (and their pink handguns), the Second Amendment Sisters
is for them.