For over a decade, the federal courts of appeals have engaged in what can only be described as an institutional shell game with the Second Amendment. When the Supreme Court of the United States handed down District of Columbia v. Heller in 2008, it established a clear, textually grounded rule: the Constitution protects arms that…
How US Dept. Of Justice Scrutiny Could Change the Fight
INTRODUCTION
If Washington Looks at Rhode Island: How DOJ Scrutiny Could Change the Fight There is no public federal action against Rhode Island’s gun laws today. The Department of Justice has not announced an investigation into the state, filed suit against Rhode Island, or…
Why Rhode Island May Win Locally but Lose Nationally
INTRODUCTION
Rhode Island’s recent gun laws may survive the first rounds in local federal court. That does not mean they are secure. The state’s strongest short term advantage is geography. Rhode Island sits inside the First Circuit, and the First Circuit has already allowed the…
How Bruen Became Means Testing in Rhode Island
INTRODUCTION
The United States Supreme Court told lower courts that the Second Amendment could not be balanced away by modern policy preferences. In New York State Rifle & Pistol Association v. Bruen, the Court rejected the old practice of asking whether a gun law seemed reasonable, useful,…
How They Are Already Standing on Shaky Ground
INTRODUCTION
The 2026 gun bills now before the Rhode Island General Assembly did not appear out of nowhere. They are the next step in a recent pattern. Over the last several years, Rhode Island has banned future sales and transfers of certain semiautomatic firearms, imposed new firearm…
A New Push to Block Access, Possession, and Ownership
INTRODUCTION
Rhode Island lawmakers are not simply debating whether to punish criminal misuse of firearms. Several of the 2026 gun bills now before the General Assembly would reach ordinary acquisition, ammunition access, training, insurance, continued possession, and the businesses that make lawful ownership practical. This…
Why Gun Rights Cannot Be Reduced to Paper Rights
INTRODUCTION
Rhode Island’s gun debate is usually argued as a matter of policy. Supporters of new restrictions say the laws are needed for public safety. Opponents say the bills punish lawful citizens while doing little to stop criminals. But underneath that political fight is a legal…