Tag Archives: Second Amendment

Excellent Example of Appellate Court’s Use of Persuasive Legal Writing Tools.

04 Tuesday Apr 2017

Posted by in 4th Circuit Court of Appeals, Appellate Law, Civil Rights, Legal Analysis, Legal Writing, Persuasive Writing, Second Amendment

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Contrasting Introductions in Kolbe v. Hogan, by Megan E. Boyd, Lady (Legal) Writer Blog

http://ladylegalwriter.blogspot.com/2017/03/contrasting-introductions-in-kolbe-v.html

The Fourth Circuit Court of Appeals recently held that Maryland’s Firearm Safety Act (FSA), which bans AR-15s, other military-style rifles, and certain large-capacity magazines, is constitutional and does not violate the Second or Fourteenth Amendments.

This decision is controversial for a number of reasons (aren’t all cases involving guns?), but the introductions in the majority and dissenting opinions are particularly interesting. You’d expect an opinion about the constitutionality of a firearm-related statute to start with an exposition of Second Amendment law or a discussion of the specific language of the statute itself.

Not this majority opinion. It starts with a literal bang . . . .

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Can You Buy A Gun For Someone Else?

16 Monday Jun 2014

Posted by in Appellate Law, Gun Control Laws, Second Amendment, United States Supreme Court

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Supreme Court Is One Vote Away From Wrecking Gun-Trafficking Prosecutions, by Paul M. Barrett, Politics & Policy, BloombergBusinessweek

http://tinyurl.com/msbaoh2

Sometimes what the Supreme Court almost does is more striking than what it says in its majority opinion. Such is the case with today’s 5-4 ruling that federal agents may go after a ‘straw’ purchaser who buys a gun for someone else, even if both people are legally eligible to own firearms.

What’s amazing about this decision is that four dissenting members of the court—led by Justice Antonin Scalia—were prepared to rule against the federal government in a fashion that would have undermined countless prosecutions of alleged gun traffickers. To put this more starkly: The Supreme Court is one vote away from judicially nullifying one of the most common tools U.S. law enforcers use to deter and punish criminals who send other people into gun stores to purchase firearms and circumvent the federal background-check system. . . .

Got Your Gun? OSBI Launched Self-Defense Act License Online Application System.

16 Sunday Feb 2014

Posted by in Constitution, Second Amendment

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Oklahoma State Bureau of Investigation Offers Online Gun License Application, OK.gov

http://tinyurl.com/m86brv3

Applying for an Oklahoma gun license just got easier. The Oklahoma State Bureau of Investigation (OSBI) has launched the Self-Defense Act (SDA) License Online Application system. The system allows users to submit applications to apply for or renew a handgun license. The online application can be accessed on the OSBI website at http://www.ok.gov/osbi.

Last year, more than 60,000 Oklahomans applied for a gun license. To deal with the influx of applications, OSBI hired more temporary and full-time staff for the unit and added a night shift. The online application will expedite and streamline the process.

The online service is a product of a partnership between the Oklahoma State Bureau of Investigation and OK.gov, Oklahoma’s official website managed by the eGovernment firm, NIC Inc. (Nasdaq: EGOV). The actual launch date of the online application system was January 14, 2014. . . .