Fifth Circuit: Jay Isaac Hollis v. Loretta Lynch, et al


Guns, Standing

Parallel state prohibition doesn't moot the claim when the argument is a constitutional one, since the state statute would presumably subsequently be found unconstitutional, and might separately legitimize the protected conduct.

As a trust holds property for the benefit of the beneficiaries, a gun owned by the trust would be considered to be possessed by the beneficiary.  Even where trust is considered to be in possession, a natural person might also considered to be in possession.

No Second Amendment protection for machine guns, as they are dangerous and unusual and therefore not in common use.

Equal Protection analysis subsumed in Second Amendment calculus.



 Jay Isaac Hollis v. Loretta Lynch, et al