Case Citator › Kanter v. Barr

Kanter v. Barr

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Seventh Circuit
Citation
919 F.3d 437
Decided
Confirmed treatments
3
Flagged citations read
38 of 38
Citing cases (total)
38
Treatment dates
2022–2024
Abrogated
A reviewed court treats this case as abrogated by later authority. New York State Rifle & Pistol Assn., Inc. v. Bruen displaced the two-step scrutiny test Kanter used to reject a Second Amendment challenge to a felon firearm ban. United States v. Miles later identified Bruen as abrogating that part of Kanter.
More on how this was screened

Bruen did not itself decide whether Kanter's result on felon possession remains correct. All 38 flagged citations have been read; the 3 confirmed treatments are listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

38 later cases cite Kanter v. Barr; 38 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Kanter v. Barr?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court rejected the two-step Second Amendment test and means-end scrutiny that Kanter applied.

    New York State Rifle & Pistol Assn., Inc. v. Bruen · Supreme Court of the United States · filed

    In the years since, the Courts of Appeals have coalesced around a “two-step” framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. Today, we decline to adopt that two-part approach.
    Read the full opinion on CourtListener →

Criticized

  • The Illinois Appellate Court found Kanter's reading of Heller's statement about felon firearm bans unpersuasive after Bruen.

    People v. Boyce · Illinois Appellate Court, Fourth District · filed

    However, we do not find defendant’s supporting authority persuasive and agree with our sister court. Defendant cites the Seventh Circuit’s decision in Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), which was abrogated by the Bruen decision. ... However, the Court’s language in Bruen supports the validity of its dictum in Heller.
    Read the full opinion on CourtListener →

Declined to follow

  • The Illinois Appellate Court declined to follow Kanter's approach to whether felons have Second Amendment protection where it conflicted with the court's own federal constitutional ruling.

    People v. Mallery · Illinois Appellate Court, Fourth District · filed

    Kanter v. Barr, 919 F.3d 437, 445 (7th Cir. 2019), abrogated by Bruen. ... To the extent that Brooks and the federal authority cited by defendant are contrary to this court’s holding in Burns, we decline to follow these cases.
    Read the full opinion on CourtListener →

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