Month: September 2019

Fourth Circuit Says Victims Can Sue Feds for Background Check Failures

Earlier this year, I wrote about the so-called “Charleston loophole” that permits federally licensed firearms dealers to proceed with sale of a firearm if the background check hasn’t been resolved within three days. That “loophole” gained prominence after the massacre at Mother Emmanuel Church in Charleston, SC in 2015. The shooter’s purchase of the firearm used in the massacre was possible because the government examiner did not complete the background check—and determine that Roof was a prohibited purchaser—within three days. Last month, the Fourth Circuit ruled that the government’s failures that led to that fateful indecision were not immune from a negligence lawsuit filed by the victims.

The Private Sector Leans into Gun Regulation

This week, Walmart and Kroger announced that they will no longer allow open carry in their stores.  Walmart also announced that it would be ending sales of handgun ammunition and some kinds of assault rifle ammunition.  These announcements represent the latest examples of the privatization of the gun debate.  As the political system has either proven gridlocked (at the federal level) or largely pro-gun (at the state level), advocates for stricter gun regulations have increasingly turned to private businesses as a vehicle for reducing gun violence.

Heller’s Dicta?

A few weeks back, I highlighted the fact that there’s a surprising amount of congruence among the federal circuit courts in applying Heller. There’s uniformity on the methodological approach and on the constitutionality of a host of otherwise controversial public policies, like bans on assault weapons and high-capacity magazines. I also noted several substantive circuit splits, like the (lop-sided) split on “good cause” laws, the disagreement over whether undocumented immigrants fall within the Second Amendment’s scope, and the one about whether and how certain prohibited persons can raise as-applied challenges to firearm bans. There’s also a less substantive, but still interesting, circuit split: whether Heller’s carve-out for “presumptively lawful regulatory measures” constitutes dicta or not.

Fall Symposium – Gun Rights and Regulation Outside the Home

The Center for Firearms Law will be hosting its fall symposium on Friday, September 27, 2019.  The title (and theme) is Gun Rights & Regulation Outside the Home. The event is free and open to the public.

The lineup for the symposium includes many distinguished scholars who study the Second Amendment from legal, empirical, and historical perspectives. Panel discussions will include topics such as the relation of Second Amendment rights and other constitutional values, historical regulations on magazines and silencers, empirical assessments of stand your ground and concealed carry laws, and the early understanding of rights discourse, among others.

More information about the speakers and schedule is available here.