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Aug. 18, 2025

2nd Amendment weirdos - Part V: A view from the bottom

In a sharply reasoned yet ultimately reversed opinion, Judge Carlton Reeves applied the Supreme Court's own "historical tradition" test to strike down a federal gun-possession ban for a rehabilitated felon, while dismantling the methodological flaws and cherry-picked history underlying modern Second Amendment jurisprudence.

Myron Moskovitz

Legal Director
Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

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2nd Amendment weirdos - Part V: A view from the bottom
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My last few columns described how some lower courts have dutifully complied with U.S. Supreme Court opinions that expanded the coverage of the Second Amendment -- while those judges also noted some serious weaknesses in the high court's reasoning.

I've saved the best for last.

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