Criminal Law & Procedure Practice Group Podcast
The “residual clause” of the Armed Career Criminal Act requires a mandatory minimum fifteen-year sentence for anyone who has three prior “violent felony” convictions and is found to unlawfully possess a firearm. This clause has been addressed at the Supreme Court on numerous occasions in recent years, with Justice Scalia suggesting that it is unconstitutionally vague. The Supreme Court heard oral arguments in Johnson v. United States in November with no mention of the question, and after two months of silence re-scheduled the case for additional argument and instructed the parties to address this question directly. Many Court-watchers have suggested that there may now be five votes on the Court to declare the residual clause unconstitutionally vague.
SCOTUScast 3-14-14 featuring Ken Klukowski
- Vikrant P. Reddy, Senior Policy Analyst, Center for Effective Justice, Texas Public Policy Foundation
On Janurary 22, 2014, the Supreme Court heard oral argument in Abramski v. United States. This case concerns 18 U.S.C. § 922(a)(6), a federal criminal statute that prohibits a person who buys a firearm, intending later to sell it to another person, from falsely making a statement about the identity of the ultimate purchaser that is “material to the lawfulness of the sale.” The question before the Court is twofold: (1) Is the initial purchaser’s intent to sell a firearm to another lawful purchaser in the future a fact “material to the lawfulness of the sale”?; and (2) Is such an intent a piece of information “required . . . to be kept” by a federally licensed firearm dealer under the same statute? Civil Rights and Criminal Law & Procedure Practice Group Podcast
To discuss the case, we have Ken Klukowski, who is on faculty at Liberty University and is a Senior Legal Analyst at Breitbart News. He formerly worked for the National Rifle Association and was involved in the last two Second Amendment cases that went through the Supreme Court.
In July, the Illinois State Rifle Association filed an emergency motion for an injunction to bar the state from enforcing the ban on carrying firearms in public. On Thursday, October 3, 2013, the 7th Circuit Court of Appeals heard arguments over the injunction request. David Thompson, who argued the case before a three-judge panel including Judge Richard Posner, joined us on a Teleforum conference call to speak about ongoing litigation on gun rights in the 7th circuit.
- Mr. David H. Thompson, Managing Partner, Cooper & Kirk PLLC
- Moderator: Mr. Dean A. Reuter, Vice President and Director of Practice Groups, The Federalist Society
[Listen now!] Criminal Law & Procedure Practice Group Podcast
On September 12, 2013, the Illinois State Supreme Court issued a unanimous decision in People v. Aguilar striking down a section of the state's Aggravated Unlawful Use of Weapons statue as unconstitutional, saying that it violates the Second Amendment right to keep and bear arms. The court drew upon the U.S. Supreme Court opinions in District of Columbia v. Heller and McDonald v. City of Chicago, as well as the Seventh Circuit Court of Appeals’ 2012 ruling in Moore v. Madigan. Our expert will provide analysis and discussion of the opinion.
- Prof. Nelson Lund, Professor of Law, George Mason University School of Law
- Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society
Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits Engage Volume 14, Issue 1 February 2013
Some twenty-five years ago, one of us sketched out a rationale for using mandatory liability insurance rules as an alternative to common forms of direct government regulation of firearms. Until recently, this possibility attracted almost no attention, but it is now being considered as a response to the massacre at Sandy Hook Elementary School in Newtown, Connecticut. The time thus seems right to explore the subject in somewhat more depth, with an eye especially to design features that would be needed to minimize interference with the constitutional right to keep and bear arms....[Read More!]