2nd Amendment
“The Supreme Court’s 2022 ruling in New York State Rifle and Pistol Ass’n v. Bruen has dramatically reshaped Second Amendment jurisprudence. That decision, bucking precedent, created an entirely new, history-based standard for adjudicating the constitutionality of firearms restrictions and has led to a flurry of challenges to long-standing local, state, and federal gun laws. Among these…
Sample Motion for Release from Secure Detention Using the JJDPA
A sample motion asking the court to release a young person charged with handgun or firearm possession from secure detention pursuant to the Juvenile Justice Delinquency Prevention Act (JJDPA). The motion argues the young person must be released because: 1) Possession of a handgun or firearm is a status offense since it is only unlawful…
This article traces the history of racist gun laws and how they interact with the Second Amendment, highlighting the racially disproportionate impact of gun charges on Black and Latine communities. Relevant language from the article includes: “As the courts increasingly look to history and tradition to determine the scope of the right to keep and…
In this sample motion, defense counsel argues a child’s petition to juvenile court for alleged possession of a firearm and/or ammunition must be dismissed based on the Missouri state constitution that protects the right of every citizen to bear arms.
This brief by the Black Attorneys of Legal Aid, Bronx Defenders, and Brooklyn Defenders was filed in support of petitioners in the Bruen case. The brief points to the racialized history of denying Black and Latine people lawful licenses to carry guns and outlines racial disparities in gun possession cases. Amici submit this brief “because we…