34 Cited authorities

District of Columbia et al. v. Heller
554 U.S. 570 (2008) Cited 3,007 times 50 Legal Analyses
Holding that a regulation that "makes it impossible for citizens to use [their firearms] for the core lawful purpose of self defense" is unconstitutional
McDonald v. City of Chicago
561 U.S. 742 (2010) Cited 1,974 times 21 Legal Analyses
Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment
United States v. Salerno
481 U.S. 739 (1987) Cited 5,199 times 14 Legal Analyses
Holding that "extensive safeguards" are necessary "to repel a facial challenge"
Renton v. Playtime Theatres, Inc.
475 U.S. 41 (1986) Cited 1,420 times 1 Legal Analyses
Holding that local governments may enact zoning ordinances against adult movie theaters to curb negative "secondary effects"
Board of Trustees, State Univ. of N.Y. v. Fox
492 U.S. 469 (1989) Cited 940 times 2 Legal Analyses
Holding that the "least restrictive means" test does not apply to commercial speech cases
International Soc. for Krishna Consciousness v. Lee
505 U.S. 672 (1992) Cited 589 times 3 Legal Analyses
Holding that speech restrictions in nonpublic fora must be viewpoint-neutral
Zablocki v. Redhail
434 U.S. 374 (1978) Cited 952 times 2 Legal Analyses
Holding that a statutory classification that "interfere directly and substantially with the right to marry" "cannot be upheld unless it is supported by sufficiently important state interests and is closely tailored to effectuate only those interests"
Cafeteria Workers v. McElroy
367 U.S. 886 (1961) Cited 1,768 times
Holding that where plaintiff "remained entirely free to obtain employment" either with her employer or another employer, her liberty right in "follow[ing] a chosen trade or profession" was not implicated
Tal v. Hogan
453 F.3d 1244 (10th Cir. 2006) Cited 1,332 times 1 Legal Analyses
Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"
City of Los Angeles v. Alameda Books, Inc.
535 U.S. 425 (2002) Cited 407 times 1 Legal Analyses
Holding that "'[t]he First Amendment does not require a city, before enacting . . . an [adult entertainment secondary effects] ordinance to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses.'"
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 58,075 times 181 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 27,251 times 25 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 101 - Postal policy
39 U.S.C. § 101 Cited 335 times 2 Legal Analyses
Stating that the Postal Service is "a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people"
Section 930 - Possession of firearms and dangerous weapons in Federal facilities
18 U.S.C. § 930 Cited 119 times 1 Legal Analyses
Explaining that for purposes of § 930, a dangerous weapon "means a weapon, device, [or] instrument . . . that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length"
Section 3061 - Investigative powers of Postal Service personnel
18 U.S.C. § 3061 Cited 48 times
Granting investigative and other law enforcement powers to "Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mails"

Bonidy et al v. United States Postal Service et al

34 Cited authorities

Holding that a regulation that "makes it impossible for citizens to use [their firearms] for the core lawful purpose of self defense" is unconstitutional

Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

Holding that "extensive safeguards" are necessary "to repel a facial challenge"

Holding that local governments may enact zoning ordinances against adult movie theaters to curb negative "secondary effects"

Holding that the "least restrictive means" test does not apply to commercial speech cases

Holding that speech restrictions in nonpublic fora must be viewpoint-neutral

Holding that a statutory classification that "interfere directly and substantially with the right to marry" "cannot be upheld unless it is supported by sufficiently important state interests and is closely tailored to effectuate only those interests"

Holding that where plaintiff "remained entirely free to obtain employment" either with her employer or another employer, her liberty right in "follow[ing] a chosen trade or profession" was not implicated

Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

Stating that the Postal Service is "a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people"

Explaining that for purposes of § 930, a dangerous weapon "means a weapon, device, [or] instrument . . . that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length"

Granting investigative and other law enforcement powers to "Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mails"