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Firearm case law in the United States is based on decisions of the Supreme Court and other federal courts.Each of these decisions deals with the Second Amendment (which is a part of the Bill of Rights), the right to keep and bear arms, the Commerce Clause, the General Welfare Clause, and/or other federal firearms laws.
United States v. Miller, 307 U.S. 174 (1939), was a landmark decision of the Supreme Court of the United States that involved a Second Amendment to the United States Constitution challenge to the National Firearms Act of 1934 (NFA).
After the Supreme Court granted certiorari, Court observers wrote that if the Court did not determine that the case was moot, it could be a major case that would settle the question of the standard of review to be applied in Second Amendment cases (i.e., whether gun laws are reviewed under intermediate scrutiny, as the Second Circuit decided ...
The Supreme Court in that case struck down New York's strict gun permit regime and declared for the first time that the right to keep and bear arms under the Second Amendment protects a person's ...
The U.S. Supreme Court denied review, [4] despite the decision conflicting with the holding of the Fifth Circuit in United States v. Emerson. [5] In the U.S. Supreme Court case of District of Columbia v. Heller, [6] the opinion in Silveira v. Lockyer was overruled. The Supreme Court held in Heller that the right to keep and bear arms is a right ...
The Supreme Court avoided taking up a series of cases on the right to bear arms and left in place an Illinois law that bans assault-style weapons such as the AR-15 semiautomatic rifle, which has ...
Last Friday, the U.S. Court of Appeals for the 9th Circuit, which is not known for its friendliness to Second Amendment rights, dealt a blow to that end run by partly upholding two preliminary ...
Lockyer before the California Supreme Court. The Ninth Circuit Court of Appeals ruled in Nordyke v. King that the Second Amendment, which protects the right to bear arms, does not apply to state and local governments. However, the U.S. Supreme Court later ruled in McDonald v.