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Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Reynolds, Brannon Denning
Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Reynolds, Brannon Denning
College of Law Faculty Scholarship
This paper examines the post-Heller Second Amendment case law in the lower courts and concludes that although federal courts are not rushing to overturn gun laws under the Second Amendment, they are moving more rapidly to implement Heller than under previous 'revolutionary' decisions such as U.S. v. Lopez. There is also some evidence that state courts are taking the right to arms more seriously, with the additional possibility that the new federal right to arms may boost interest in the numerous state right-to-arms provisions. Finally, by characterizing gun ownership as a protected individual right, Heller has served to 'renormalize' firearms …
Five Takes On District Of Columbia V. Heller, Glenn Reynolds, Brannon Denning
Five Takes On District Of Columbia V. Heller, Glenn Reynolds, Brannon Denning
College of Law Faculty Scholarship
Part of an Ohio State Law Journal symposium on the Supreme Court's decision finding an individual right to arms in District of Columbia v. Heller, this article offers five takes on what the Heller decision might mean, and how it may play out in lower courts. First, we argue that Heller essentially followed the prevailing national consensus on the meaning of the Second Amendment. Second, we argue that this fact furnishes an important data point for those who argue that the Court usually follows, rather than leads, public opinion on disputed matters; and that, when it invalidates laws, it does …