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Constitutional – Second Amendment – Immigration status
Where a defendant was charged with violating 18 U.S.C. §922(g)(5)(A)., which makes it unlawful for a person who is an alien “illegally or unlawfully in the United States” to possess a firearm, the dismissal of the indictment must be reversed because the government met its burden to show that §922(g)(5)(A) fits comfortably within the tradition of firearm regulation.
Constitutional – Second Amendment – Immigration status
Where a defendant was convicted under 18 U.S.C. §922(g)(5)(A) of possessing a firearm as an alien “illegally or unlawfully in the United States,” the denial of his motion to dismiss the indictment should be affirmed because the government has met its burden to show that §922(g)(5)(A) comports with the country’s tradition of firearm regulation.
Constitutional – Maine statute – Firearm waiting period
Where plaintiffs requested a preliminary injunction preventing enforcement of a Maine statute that imposes a 72-hour waiting period before a seller may deliver a firearm to its purchaser, that request should have been denied because the plaintiffs are unlikely to prevail on their claim that the statute is facially unconstitutional.
Criminal – Assault – Rifle
Where (1) a constable went to a defendant’s home attempting to serve him with papers relating to a divorce proceeding, (2) after responding angrily, the defendant obtained a rifle that he kept in the home and held it so that it pointed straight up and (3) the defendant was later convicted of assault by means of a dangerous weapon, the conviction should be affirmed because the defendant had no Se[...]
Constitutional – Large-capacity feeding device – License
Where a defendant from New Hampshire has been indicted for possessing a large-capacity feeding device without a license, his motion to dismiss that charge should be denied because (1) the defendant has not shown that the plain text of the Second Amendment covers possessing a large-capacity magazine and (2) requiring non-residents to seek and obtain a firearm license before they may lawfully posses[...]
Advocates pitch measure creating gun industry accountability standards
Pending legislation would allow gun violence victims to sue firearm companies under new accountability standards.
Criminal – Firearm – Defaced serial number
Where a defendant has challenged the constitutionality of a state statute making it a crime to deface a firearm’s serial number or knowingly receive a firearm with a defaced serial number, that argument lacks merit, as the statute does not violate the Second Amendment to the United States Constitution.
Criminal – ‘Switchblade’ – Second Amendment
Where a defendant was convicted of possessing a spring-release pocketknife known as a “switchblade” under G.L.c. 269, §10(b), that charge should have been dismissed because §10(b)'s prohibition against carrying a switchblade knife violates the Second Amendment to the United States Constitution.
Criminal – Second Amendment – Felon in possession
Where a defendant was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. §922(g)(1), the conviction should be affirmed because it is not “clear” or “obvious” that §922(g)(1) is unconstitutional under the Second Amendment as applied to someone with the defendant's criminal history.
Large-capacity magazine ban upheld by 1st Circuit panel
The 1st U.S. Circuit Court of Appeals has rejected a constitutional challenge to the validity of a Rhode Island statute prohibiting the possession of certain large-capacity feeding devices or magazines, or “LCMs,” defined as those that hold more than 10 rounds of ammunition.
Constitutional – Second Amendment – Large-capacity magazines
Where plaintiffs requested a preliminary injunction preventing the enforcement of a Rhode Island statute prohibiting the possession of certain large-capacity magazines (LCMs) that hold more than 10 rounds of ammunition, a U.S. District Court judge’s decision to deny that request should be affirmed because the plaintiffs have not shown a sufficient likelihood of success on the merits of their con[...]
Supreme Court ruling leaves fate of stun gun ban unclear
While the U.S. Supreme Court may not have invalidated the state’s ban on possession of stun guns by anyone but trained police officers, local Second Amendment advocates and others hope […]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
