The Supreme Court’s Bruen decision will have a major impact across the United States. Jurisdictions will make changes to gun regulations already on the books, and lawyers will bring legal challenges to existing gun laws. Defense attorneys Zachary Newland and Catherine Turner review and explain the new standard set forth in Bruen, and they discuss how lawyers are using the new standard to challenge the constitutionality of firearm laws.

ShotSpotter is acoustic gunshot detection and location technology that detects gunfire using GPS-enabled microphone sensors installed on rooftops and utility poles. According to ShotSpotter, the sensors can result in the placement of a fixed point on a map (within a few feet) where a gunshot event happened. However, are the sounds always gunshots or are they sometimes vehicles backfiring or fireworks? How accurate is ShotSpotter? Preliminary reports suggest a level of geographic precision that does not withstand the company’s own detailed analysis.

FBI's Forensic Test Full of Holes, Washington Post, April 15, 2007.

A detailed PowerPoint presentation detailing firearm identification methods with exemplary cases. 

In the Supreme Court of Mississippi; Manning v. State of Mississippi 

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent.

Argument: The Solicitor General’s expansive reading cannot be squared with the manifest intent of Congress. The Solicitor General’s argument proves too much, in that it would expand predicate crimes under §922(g)(9) beyond sensible boundary. The Solicitor General’s reading of 18 U.S.C. § 922(g)(9) is so broad that it would extend a life-long ban on gun possession to anyone convicted of a domestic count of offensive touching, no matter how slight, or of any intentional act that causes bodily injury (including minor scrapes, bruises, or even a stubbed toe). Mr. Castleman’s reading does not turn §922(g)(9) into a dead letter. There is no need to expand federal jurisdiction by making every conviction for “rude touching” or the like a predicate offense in order to honor Congress’s intent with respect to § 922(g)(9). The rule of lenity supports adopting Mr. Castleman’s reading of §922(g)(9).

Corrected En Banc Amici Curiae Brief of the National Association of Criminal Defense Lawyers and Families Against Mandatory Minimums In Support of Petitioner-Appellant

Argument: Section 924(c)(3)’s plain language and Supreme Court precedent compel McGuire’s categorical approach. The rule of lenity requires application of the strict categorical approach. The categorical approach provides significant pragmatic benefits.

"Actual Innocence" May Trigger Release - Washington, DC (May 18, 1998) -- In a decision that could affect hundreds of prisoners across the country, the U.S. Supreme Court today decided that a 1995 case which defined "using or carrying" a firearm in relation to certain crimes may be retroactively applied. Even prisoners who pleaded guilty prior to the 1995 case, Bailey v. United States, should be allowed to show that they are actually innocent of the crime as now defined by the Court, the Chief Justice says in today's decision, Bousley v. United States.

Supreme Court Broadens Gun Law - Washington, DC (June 8, 1998) -- A 5-4 decision today by the Supreme Court could affect thousands of federal drug defendants caught "carrying" a firearm, adding five years or more to their sentences even if the weapon was not immediately accessible to them.

Supreme Court Limits Unfair Prejudice in Gun Cases - Washington, DC (January 7, 1997) -- The National Association of Criminal Defense Lawyers applauds today's decision by the U.S. Supreme Court limiting prosecutors' ability to introduce highly prejudicial or inflammatory evidence in federal prosecutions of convicted felons accused of possessing a firearm. The ruling conforms with the general rule which prohibits, in most cases, the prosecution from revealing facts about a defendant's prior record.

Challenging Firearms and Toolmark Identification Part One