After the Third Circuit struck down New Jersey’s semi-automatic rifle and magazine bans, Trenton lawmakers turned back to a sweeping firearm-storage mandate. Professor Mark W. Smith explains why the proposal runs directly into the Supreme Court’s ruling in District of Columbia v. Heller.
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Mark W Smith
Constitutional attorney and bestselling author Mark W. Smith hosts the Four Boxes Diner Second Amendment channel on Youtube and Rumble; is a member of the U.S. Supreme Court Bar; and his Second Amendment scholarship has been cited by many attorneys and judges, including by attorneys in legal briefs submitted to the U.S. Supreme Court. Professor Smith’s most recent book is ISRAEL DISARMED: What the October 7 Attack Teaches Americans about the Right to Bear Arms and he has lectured at Harvard Law School, Yale Law School, Princeton University, the Wharton School at U. Penn, and Oxford University. He is a frequent speaker at the Federalist Society’s Annual National Lawyers Convention in Washington, D.C.
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Latest Articles
New Jersey’s Safe-Storage Proposed Workaround Should Be Dead-on-Arrival
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Five Things to Watch as Viramontes and Grant Head to the Supreme Court
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
The Supreme Court has agreed to hear consolidated challenges to AR-15 bans in Cook County and Connecticut. From the Trump Justice Department’s position to the battle over Heller’s common-use test, these are the major issues gun owners should watch as Viramontes and Grant move toward oral argument.
En Banc Third Circuit Strikes Down New Jersey’s Semi-Automatic Rifle and Magazine Bans
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
The en banc Third Circuit has struck down New Jersey’s bans on covered semi-automatic rifles and magazines holding more than ten rounds. The ruling confirms that “common use” belongs at Bruen’s second step, where the government bears the burden.
![iStock.com/[Greggory DiSalvo]](https://www.ammoland.com/wp-content/uploads/2026/07/Congress-Senate-Political-Parties-iStock-2259628333-520x347.jpg)
Lindsey Graham’s Second Amendment Legacy: The U.S. Senator Who Helped Build the Supreme Court
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Lindsey Graham’s gun-rights record was imperfect, but his role in confirming Gorsuch, Kavanaugh, and Barrett helped build the Supreme Court majority that delivered Bruen, Hemani, and Wolford.
Mark Smith Was Right: Supreme Court’s AR-15 Move Was Strategy, Not a Snub
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
The Supreme Court’s decision to take up two major AR-15 cases shows the justices were not ducking the Second Amendment. Mark Smith argues the delay was strategic, setting up a cleaner fight over semiautomatic rifle bans in the October 2026 Term.
United States v. Rose: A Second Amendment Skeptic Embraces the Present-Danger Rule
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
A Seventh Circuit panel led by Judge Frank Easterbrook signaled that lifetime gun bans for people once committed to a mental institution may require proof of present dangerousness.
Supreme Court’s Hemani Ruling Spells Doom for Unlawful Red Flag Laws
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
The Supreme Court’s Hemani decision was not just about marijuana users and gun rights. Its due-process language may become a major weapon against red flag laws that seize firearms first and offer hearings later.
Supreme Court Rules Federal Drug-User Gun Ban Falls in US v. Hemani
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
In a unanimous 9-0 ruling, the Supreme Court rejected the federal government’s attempt to disarm a regular marijuana user under 18 U.S.C. § 922(g)(3), strengthening Bruen and requiring individualized evidence before Second Amendment rights are stripped away.
The Supreme Court’s Sneaky-Important 2A Ruling is a Big Win for Gun Rights
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
The Supreme Court denied review in United States v. Cockerham, leaving in place a narrow Fifth Circuit ruling that rejected a lifetime federal gun ban as applied to a man convicted of failing to pay child support.
Virginia Prosecutors Refuse to Enforce Spanberger’s Gun Ban — and They’re Dead Right
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Ten Virginia Commonwealth’s Attorneys have reportedly said they will not enforce Gov. Abigail Spanberger’s new assault firearms ban. Their position is simple: prosecutors swear an oath to the Constitution, not to unconstitutional gun-control schemes.
Spoiler Alert: ‘Assault Weapons’ Ban ~ Government Must Prove That Weapons Are NOT In Common Use
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Maryland’s “assault weapons” ban, which seeks to outlaw the AR-15, among other semiautomatic firearms.
WANTED: CEO for America’s Oldest & Largest Civil Rights Organization. Only Qualified Applicants Need Apply
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
The NRA is an important player in the Second Amendment movement, and we should all be cheering for it to experience a classic American comeback.
En Banc Review in Teter v. Lopez ~ The Straw That Breaks Justice Roberts’ Back?
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Could the 9th Circuit’s decision to grant review of a Hawaii Knife Ban be the straw that breaks the camel’s back & trigger the Supreme Court to take up an arms ban case?
Supreme Court Must Slap Down Fourth Circuit’s Lawless Actions ~ VIDEO
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
The federal appellate courts are behaving in an unlawful and increasingly ridiculous manner when it comes to semiautomatic firearm and magazine ban laws.
Biden’s ATF Begs Supreme Court to Save its “Ghost Gun” Frame & Receiver Regulations
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Biden’s Department of Justice wants to expand the scope of the regulation in order to include such raw materials as “unfinished” frames and receivers.
“In Common Use” Encompasses a Broad Range of Lawful Activities Beyond Firing a Gun ~ VIDEO
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Beware The Anti-Gunners’ Trap: Freedom haters want to define “in common use” very narrowly to mean only the actual firing of a gun in self-defense…
Federal Appeals Court Knocks Out Maryland’s Handgun Qualification License
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
In other words, if a person’s ability to acquire firearms is restricted, then that person’s right to keep and bear arms is infringed.
2nd Amendment Guarantees Rights To Acquire & Train With Guns, Not Just RKBA ~ VIDEO
Video | Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
There are at least 4 primary ancillary rights that arise from the 2nd Amendment: the right to train, purchase, make guns, & acquire ammunition.
Rahimi Is “Not The Droid” The Anti-Gun Lobby Is Looking For ~ VIDEO
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Having reviewed the briefs and listened to oral argument, …the DOJ made another apparent strategic blunder.
American Gun Owners (& All Americans) Are The True 1st Responders ~ VIDEO
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Who is the REAL 1st Responder? Take the quiz: then understand that even at their best, professional “first responders” are almost always going to arrive on the scene after you.
Et tu, Justice Amy Coney Barrett? No, Justice Barrett is NOT a Traitor to 2A ~ VIDEO
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
Some Second Amendment supporters questioning Justice Amy Coney Barrett’s commitment to enforce the constitutional right to bear arms.
Another Miracle from St. Benitez ~ California’s “Assault Weapons” Ban Struck Down
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
In yet another victory for the Second Amendment, Judge Roger Benitez of the Southern District of California has struck down California’s ban on so-called “assault weapons”…
TX District Attorney Phil Sorrells, Act Now! Be a 2nd Amendment Superhero
Ammoland Inc.https://www.ammoland.com/ Posted on by Mark W Smith
It is rare for an individual to be placed into a situation of being a true Second Amendment superhero. District Attorney Sorrels, seize the moment!