2A News (Second Amendment News)

Big Litigation News, The Usual

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August is National Shooting Sports month. Go pop something.

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Litigation, Legislation, Government

Colonial men throw crates labeled “Boston Tea” into the sea from ships in a stormy harbor; text reads, “we’ve rebelled for far less.”.
  • The US Fifth Circuit Court of Appeals has dismissed an Everytown for Gun Safety-backed lawsuit that challenged the Texas law regulating carriage of firearms on private property open to the public. The statute allows private property owners to ban firearms from their premises if they choose, but the property owner is required to give “effective” notice that entry with a handgun is forbidden. That can be accomplished both in writing with language and posting requirements specified by the state, or through oral communication as well. The plaintiffs in this case were a Unitarian Church and a Houston coffee shop who complained that the required signage was too much of a problem.
  • US District Judge James Wesley Hendrix of the Northern District of Texas has ruled the 1934 National Firearms Act’s (NFA) registration requirement for short-barreled rifles/shotguns and suppressors — which has remained in force despite repeal of the enabling $200 tax — is unconstitutional. The case is Jensen v. ATF. Judge Hendrix ruled that provisions of the NFA requiring registration, reporting, and record keeping for those firearms and accessories exceed Congress’ constitutional authority, and rejected the Justice Department’s argument that the regulations could instead be justified under Congress’ commerce clause authority, finding Congress intentionally enacted the law solely under its taxing power. Hendrix ruled solely on Article I constitutional grounds, finding the registration provisions exceeded Congress’ enumerated powers after the tax was repealed. The ruling permanently bars — pending appeal — the ATF from applying the requirement across fifteen states to the plaintiffs in Jensen v. ATF, and another case that was consolidated with Jensen. The plaintiffs include CCRKBA, GOA, and their members, and the states of Kansas, Texas, Alaska, Georgia, Idaho, Indiana, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. This case is one of several coordinated NFA cases designed by SAF, FPC, NRA, and ASA to produce either a favorable circuit‑level ruling or a clean vehicle for Supreme Court review on the status of suppressors and short‑barreled rifles under the Second Amendment.
  • The Wisconsin Court of Appeals has ruled that parents who sign up to be foster families don’t cede any of their Second Amendment rights. ‘Bout time. Now how about federal criminal cases against the state and county officials (nationwide) for deprivation of rights under color of law?
  • Meanwhile next door in Illinois, US District Judge Sue E. Myerscough in the Central District of Illinois, Springfield Division, ruled without trial that foster homes and in-home daycare centers are “sensitive areas” and that guns can be regulated in these private residences. That case is Miller v. Mueller. We remind you that “sensitive areas” was simply made up by late SCOTUS Justice Scalia, and is not in the Constitution.
  • A Maryland county is in hot water for banning guns in churches. Hey guys, we have special unconstitutional gun ban provisions for churches in Mississippi too. These are blatant facial violations of the First and Second Amendments. The DOJ emphasized the 100 yard rule, and expressed disdain on how difficult it is to follow, saying “The 100-yard exclusion zone makes it practically impossible for individuals in the county to go about their daily business while lawfully carrying a firearm. Therefore, the ordinance violates the Supreme Court’s recent decision in Wolford v. Lopez, where the Court held a law that bans citizens from carrying firearms into, ‘places that people routinely visit in the course of their daily routines.'” Well, what does that say about the federal Gun Free School Zones Act (which prohibits possession within 1000 feet of school grounds)?
  • Third Circuit Split Could Push California Magazine Ban Before Supreme Court.
  • Legally mailing handguns. We note that the articles linked below indicate that FFLs could not mail handguns through the US mail prior to the new rule. But FFLs have historically been able to use USPS to mail handguns in certain situations and by personally handing the package to a USPS mail clerk. Sometimes you had to bring some evidence to convince the uninformed clerk or even the postmaster of their own rules. Been there, done that, but not recently. 18 U.S. Code § 1715 already provides that “Such articles also may be conveyed in the mails to manufacturers of firearms or bona fide dealers therein in customary trade shipments, including such articles for repairs or replacement of parts, from one to the other, under such regulations as the Postal Service shall prescribe.”
  • A better explanation of United States v. Squire.
  • Mississippi’s own gun rights attorney Stephen Stamboulieh has joined the US DOJ’s Second Amendment Section operating within the Civil Rights Division. (Not to be confused with the Civil Division, which has taken the lead in defending the NFA scheme from legal challenges, including challenges from Stamboulieh.) Stamboulieh has been involved in a number of high-profile legal challenges to gun control regimes. The last time I saw Stephen he had long hair, but I digress. We wish him well, and much continued success in defending our civil rights.
  • Grassroots Judicial Report—August 5, 2026.

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“Most reporters are very sympathetic to gun-control agendas and will skew or lie outright about facts to promote them.” — Dennis Cauchon, USA TODAY

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