Lawful Gun Possession and Encounters with Police
During a Terry stop, an officer who has reasonable suspicion that a suspect is armed and dangerous may frisk the suspect and may confiscate any weapons that the officer finds. […]
December 17, 2018
Second Amendment Update
Several federal circuit courts have decided Second Amendment cases over the past few months. This post summarizes them. The cases and the reasoning behind them are not all completely consistent, […]
March 14, 2018
Could Gun Violence Restraining Orders Prevent Another Parkland?
One month ago today, a gunman who police say was armed with an AR-15 rifle walked into Marjory Stoneman Douglas High School in Parkland, Florida and opened fire, killing 17 […]
May 22, 2017
Can the Fact that Daryl Had a Glock Yesterday Be Used to Prove that He Had an AK-47 Today?
When a defendant is charged with possession of a firearm by a felon, may the prosecution introduce, under Rule 404(b), evidence that the defendant previously possessed a different firearm? Courts […]
July 18, 2016
Vinson, Voisine, and Misdemeanor Crimes of Domestic Violence
The United States Supreme Court recently decided a case about what counts as a “misdemeanor crime of domestic violence” for purposes of the federal statute prohibiting individuals who have been […]
April 12, 2016
Differences Between North Carolina and Federal Possession-of-Firearm by Felon Offenses Concerning the Prior Conviction Element Disqualifying Possession of a Firearm
Federal law and North Carolina law each prohibit in their own ways the possession of a firearm by a felon and, under federal law, certain domestic violence misdemeanors as well. […]
March 8, 2016
Frisking a Person for a Weapon When a State Allows Carrying a Concealed Weapon with a Permit
Sometimes a legislature enacts a statute that has consequences beyond the direct impact of the statute’s provisions. West Virginia’s statute allowing the carrying of a concealed weapon with a permit […]
February 8, 2016
Changes to the Gun Permit Laws
North Carolina has two kinds of gun permits: pistol purchase permits and concealed carry permits. Both types of permits are issued by sheriffs. The statutes concerning both kinds of permits […]
January 11, 2016
President Obama’s Actions on Gun Control Are Probably Lawful, but Are not Likely to Have a Major Impact
President Obama recently announced a series of executive actions and policy initiatives regarding gun violence. The President’s actions have been praised enthusiastically by some and condemned stridently by others. This […]
October 20, 2015
Second Circuit Decides Major Gun Control Case
The Second Circuit just decided a case regarding gun control legislation in Connecticut and New York. It’s important in its own right, and because it concerns two issues that the […]
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