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Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s prior California conviction for assault with a deadly weapon under Cal. …
Article • October 1, 2023 • from CLN October, 2023
Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland (formerly known as the Court of Appeals of Maryland) held that the methodology …
Article • September 1, 2023 • from CLN September, 2023
Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit weighed in on the ongoing Circuit split of whether a “bump stock” – placement of which on a semiautomatic rifle enables it to function …
Article • September 1, 2023 • from CLN September, 2023
New York City’s DNA Gun Crimes Unit Reduces Turnaround Times for Gun Crimes by Half by Jordan Arizmendi by Jordan Arizmendi On June 30, 2022, New York City Mayor Eric Adams and New York City Chief Medical Examiner Dr. Jason Graham announced the creation of the specialized Office of the …
Article • August 1, 2023 • from CLN August, 2023
Fifth Circuit Announces Statute Prohibiting Firearm Possession by Person Subject to Domestic Violence Restraining Order Is Unconstitutional in Light of Bruen by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the federal statute which prohibits the possession of firearms by a person …
Article • April 28, 2023
Maryland Sheriff Charged in Scheme to Fraudulently Obtain Machine Guns by Kaden Gicker by Kaden Gicker Frederick County Sheriff Charles “Chuck” Austin Jenkins, 66, was charged with conspiracy to commit fraud against the government, false statements during the purchase of firearms, false statements in records maintained by a federal licensee, …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Gun Laws/Crimes
Registry of Approved Standards Adds Two New 3D Firearm Analysis Standards by Casey Bastian by Casey J. Bastian In an effort to improve forensic firearm and toolmark analysis, the Organization of Scientific Area Committees for Forensic Science (“OSAC”) has updated its Registry of Approved Standards. OSAC is administered by the …
Article • July 15, 2022 • from CLN August, 2022
Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights by Professor Douglas A. Berman by Douglas A. Berman This content was originally published on sentencing.typepad.com, as three distinct blog postings on June 23 and 24, 2022, and included several embedded hyperlinks to research referenced. The posts have …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Mens Rea
Eleventh Circuit: Georgia Aggravated Assault with a Deadly Weapon Only Requires Mens Rea of Recklessness Thus Not a ‘Violent Felony’ Under ACCA by Dale Chappell by Dale Chappell  The U.S. Court of Appeals for the Eleventh Circuit held that because the defendant was convicted of an aggravated assault with a …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Sexual Assault, Mens Rea
Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact by Douglas Ankney by Douglas Ankney The Supreme Court of Minnesota clarified the meaning of “mentally incapacitated” as used in Minn. Stat. § 609.341, subdivision 7 (2020). A jury convicted Francios Momolu Khalil of third-degree criminal sexual …
Publication • 2020
Filed under: Gun Laws/Crimes, Firearms
Wyoming Law Review-The Historical Justification for Prohibiting Dangerous Persons From Possessing Arms-2020 Wyoming Law Review Volume 20 Number 2 Article 7 2020 The Historical Justification for Prohibiting Dangerous Persons from Possessing Arms Joseph G.S. Greenlee Follow this and additional works at: https://scholarship.law.uwyo.edu/wlr Part of the Law Commons Recommended Citation Greenlee, …
Article • May 15, 2020 • from CLN June, 2020
ATF: What Is a Gun? by Jayson Hawkins by Jayson Hawkins Making a decision about what is or is not a “firearm” under the law would seem to be a fairly straightforward process, but recent controversy about the regulations used by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosive …
Publication • 2017
Filed under: Gun Laws/Crimes
Gun Law History in the United States and Second Amendment Rights-Robert Spitzer, 2017 SPITZER_PROOF (DO NOT DELETE) 4/28/2017 12:07 PM GUN LAW HISTORY IN THE UNITED STATES AND SECOND AMENDMENT RIGHTS ROBERT J. SPITZER* I INTRODUCTION In its important and controversial 2008 decision on the meaning of the Second Amendment, …