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Second Amendment

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The Incomplete Record In New York State Rifle & Pistol Association V. City Of New York, Eric J. Mogilnicki, Alexander Schultz Jan 2020

The Incomplete Record In New York State Rifle & Pistol Association V. City Of New York, Eric J. Mogilnicki, Alexander Schultz

SMU Law Review Forum

A Second Amendment case now pending at the Supreme Court, New York State Rifle & Pistol Ass’n v. City of New York, tests the extent to which New York City may limit the movement of guns along city streets. The briefing in that case is, however, incomplete. Second Amendment jurisprudence calls for an examination of historical analogues to the firearms regulation at issue. Here, the New York State Rifle and Pistol Association asserted that there are none. This Article identifies numerous historical analogues to the City’s transportation restrictions, most of which were not identified in the briefing before the ...


Glorious Revolution To American Revolution: The English Origin Of The Right To Keep And Bear Arms, Diarmuid F. O'Scannlain Dec 2019

Glorious Revolution To American Revolution: The English Origin Of The Right To Keep And Bear Arms, Diarmuid F. O'Scannlain

Notre Dame Law Review

It is definitively not my intention to wade into such debates about the wisdom of the Second Amendment or to deal with pending or recent court interpretations. Rather, I want to explore how it came to be and what role British history had in its genesis. For Americans like myself, such history helps us to understand the meaning of our own Constitution. For the Britons, it is a powerful example of how your own constitutional principles shaped the legal landscape of far-flung countries once within the British Empire. And for those simply interested in law as a discipline, irrespective of ...


A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions, Andrew Kim Nov 2019

A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions, Andrew Kim

Fordham Law Review

The U.S. Supreme Court’s landmark decision in District of Columbia v. Heller held that the prohibition of handguns in the home was unconstitutional and the Court extended this holding to the states through the Fourteenth Amendment in McDonald v. City of Chicago. Through these cases, the Court clarified that the core of the Second Amendment was self-defense. However, it did not specify the scope of this self-defense “core” and left the lower courts with room for interpretation—for example, it is unclear whether and to what extent the Second Amendment applies to the public space. Furthermore, the Supreme ...


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander Sep 2019

Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander

Washington and Lee Law Review Online

In an effort to address gun violence, activists and victims’ families have filed lawsuits against the firearms industry seeking damage awards for violence committed by third party unrelated actors. Although Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005 intending to foreclose such lawsuits, since the time of the law’s passage, plaintiffs have brought claims against the firearms industry seeking refuge in an exception embedded in the statute. In a March, 2019 decision, Soto v. Bushmaster Firearms International, LLC, the Connecticut Supreme Court found that the Connecticut Unfair Trade Practices Act fell within an exception ...


Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine Jun 2019

Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine

University of Massachusetts Law Review

The United States is in a state of conflict over the ability to obtain firearms as well as their use in highly publicized mass shootings. On December 14, 2012, Adam Lanza obtained several firearms that were lawfully owned by his mother, but were improperly secured. Lanza killed his mother that morning and then drove a short distance to the Sandy Hook Elementary School in Newtown, Connecticut where he murdered twenty-six people, many of whom were small children. Lanza eventually turned a gun on himself before being confronted by responding officers. Though mass shootings are often headlines in this country, the ...


Gun Control And The Color Of Law Jun 2019

Gun Control And The Color Of Law

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles Apr 2019

The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles

Cleveland State Law Review

This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical ...


When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos Apr 2019

When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos

West Virginia Law Review

No abstract provided.


Depriving Our Veterans Of Their Constitutional Rights: An Analysis Of The Department Of Veterans Affairs’ Practice Of Stripping Veterans Of Their Second Amendment Rights And Our Nation’S Response, Stacey-Rae Simcox Mar 2019

Depriving Our Veterans Of Their Constitutional Rights: An Analysis Of The Department Of Veterans Affairs’ Practice Of Stripping Veterans Of Their Second Amendment Rights And Our Nation’S Response, Stacey-Rae Simcox

Utah Law Review

This Article does not argue that veterans who have been adjudicated mentally incompetent by a court after a hearing or have been involuntarily committed to a mental health facility should be permitted to purchase or possess firearms. However, this Article does compare the VA’s determination of “financial incompetency” to other determinations of “mental defectiveness,” demonstrating that the VA’s standards do not rise to the level of “adjudicat[ing] [the veteran] a mental defective” in a manner sufficient for him to be stripped of his constitutional rights. This Article also argues that including veterans determined financially incompetent for VA ...


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms, Jack M. Amaro Feb 2019

"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms, Jack M. Amaro

Chicago-Kent Law Review

This note proposes a framework for analyzing the point at which discretionary restrictions on the concealed carry of firearms are unconstitutional under the Second Amendment, which, at its core, guarantees the responsible, law-abiding citizen at least the right to use a firearm for self-defense. Although the Supreme Court has yet to affirmatively answer whether and to what extent this right extends beyond the home, every state allows its residents to publicly carry a firearm in some form—be it open or concealed. But states have the power to limit who may exercise this right; and some states curtail it to ...


The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti Jan 2019

The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti

Pepperdine Law Review

Does the Second Amendment protect commerce in firearms? The simple answer is: yes, to an extent. An individual’s right to possess and use a gun for self-defense in the home is black-letter law after District of Columbia v. Heller. The right to possess and use a gun requires the ability to obtain a gun, ammunition, and firearms training. Therefore, gun dealers, servicers, and training providers receive some constitutional protection as facilitators of their customers’ Second Amendment rights. Whether these constitutional rights belong to firearms-related businesses independently of their customers is unclear. The scope of the Second Amendment matters as ...


The Strange Story Of The Second Amendment In The Federal Courts, And Why It Matters, Lee Epstein, David T. Konig Jan 2019

The Strange Story Of The Second Amendment In The Federal Courts, And Why It Matters, Lee Epstein, David T. Konig

Washington University Journal of Law & Policy

This article describes the shift in judicial interpretation of the Second Amendment. The article undertakes a statistical analysis of each of the 261 federal court decisions interpreting the Second Amendment in the decades following the Supreme Court’s first interpretation of it in 1872 and its most recent interpretations in 2008 and 2010. Until 2008, the judicial consensus was that the Second Amendment operates only to prevent the federal government from restricting firearms possession. The article traces the ascendance in recent decades of the view that the amendment actually protects an individual right against infringement by either the state or ...


Gun Violence Prevention 2.0: A New Framework For Addressing America’S Enduring Epidemic, Mike Mclively Jan 2019

Gun Violence Prevention 2.0: A New Framework For Addressing America’S Enduring Epidemic, Mike Mclively

Washington University Journal of Law & Policy

This article proposes solutions to move forward the national debates regarding guns, arguing that these conversations have felt frozen for many years. The article proposes reframing the issue from the perspectives of public health and human rights in order to help American society rethink the gun violence epidemic in a way that the article suggests would be truly transformative.


America Already Led, Tested And Proved Many Of The Solutions: One Day They Are Inevitable, Philip Alpers Jan 2019

America Already Led, Tested And Proved Many Of The Solutions: One Day They Are Inevitable, Philip Alpers

Washington University Journal of Law & Policy

This article argues that historical lessons in gun control point the way to potential improvements in U.S. gun control in the future. The article begins by examining Australia’s response to the Port Arthur massacre in 1996, where the country acted quickly to ban certain weapons under the leadership of a conservative prime minister. Having had eleven mass shootings in the decade before the ban, Australia had zero in the two decades after. The article notes that similar programs were proposed in America by President Franklin Roosevelt, among others, and argues that they are likely to be enacted within ...


Out Of The Home And In Plain Sight: Our Evolving Second Amendment And Open Carry In Wisconsin, Lance Duroni Jan 2019

Out Of The Home And In Plain Sight: Our Evolving Second Amendment And Open Carry In Wisconsin, Lance Duroni

Marquette Law Review

none


Stop And Frisk In A Concealed Carry World, Shawn E. Fields Dec 2018

Stop And Frisk In A Concealed Carry World, Shawn E. Fields

Washington Law Review

This Article confronts the growing tension between increasingly permissive concealed carry firearms legislation and police authority to conduct investigative stops and protective frisks under Terry v. Ohio. For decades, courts upheld stops based on nothing more than an officer’s observation of public gun possession, on the assumption that anyone carrying a gun in public was doing so unlawfully. That assumption requires reexamination. All fifty states and the District of Columbia authorize their citizens to carry concealed weapons in public, and forty-two states impose little or no conditions on the exercise of this privilege. As a result, officers and courts ...


Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels Dec 2018

Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels

West Virginia Law Review

No abstract provided.


Second Thoughts About Stun Guns, Rene Reyes Jul 2018

Second Thoughts About Stun Guns, Rene Reyes

Washington and Lee Law Review Online

The Massachusetts Supreme Judicial Court (“SJC”) recently declared that the Commonwealth’s statutory ban on stun guns violates the Second Amendment to the U.S. Constitution. The SJC had previously upheld the statute against constitutional challenge in Commonwealth v. Caetano, but the reasoning behind this holding was rejected in a brief per curium opinion by the U.S. Supreme Court in 2016. However, the guidance given by the Supreme Court in the Caetano litigation was far from unambiguous: it faulted the SJC’s reasoning without opining on the ultimate question of the ban’s constitutionality, thus leaving open the possibility ...


The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan Jul 2018

The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan

Brooklyn Law Review

Few areas of the law are as hotly debated as gun control, or as universally condemned as domestic violence – and the Supreme Court’s decisions on the Lautenberg Amendment address both. An amendment to the Gun Control Act, it prohibits persons convicted of a misdemeanor crime of domestic violence from owning a firearm. The amendment qualifies a predicate conviction as one that has a “force clause” as an element. In particular, while looking at the force in domestic violence, the Supreme Court has acknowledged that one must also look to context: a “squeeze of an arm” of an intimate partner ...


Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller Jul 2018

Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller

Washington and Lee Law Review Online

William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts to protect that same class or right. Dignity helps explain the Court’s halting approach to Reconstruction Amendment enforcement power more generally – an approach in which constitutional versus unconstitutional legislation turns on seemingly insignificant regulatory distinctions. And dignity’s role in § 5 ...


The Privileges And Immunities Of Non-Citizens, R. George Wright May 2018

The Privileges And Immunities Of Non-Citizens, R. George Wright

Cleveland State Law Review

However paradoxically, in some practically important contexts, non-citizens of all sorts can rightly claim what amount to privileges and immunities of citizens. This follows from a careful and entirely plausible understanding of the inherently relational, inescapably social, and essentially reciprocal nature of at least some typical privileges and immunities.

This Article contends that the relationship between constitutional privileges and immunities and citizenship is more nuanced, and much more interesting, than usually recognized. Crucially, allowing some non-citizens to invoke the privileges and immunities of citizens often makes sense. The intuitive sense that non-citizens cannot logically claim the privileges or immunities of ...


Second Amendment: D.C. Circuit Court Creates Split On The Constitutionality Of Good-Reason Laws, Madeleine Giese May 2018

Second Amendment: D.C. Circuit Court Creates Split On The Constitutionality Of Good-Reason Laws, Madeleine Giese

SMU Law Review

No abstract provided.


Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos May 2018

Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos

Themis: Research Journal of Justice Studies and Forensic Science

The issue of firearm violence in the United States is highly controversial, as there are sound arguments on both sides of the discussion. Advocates of stricter gun laws often refer to both international and domestic examples that highlight the effectiveness of more restrictive firearm policies. Japan and Australia are two such countries that are continually referred to when a tragedy, such as a mass shooting, occurs in the United States and initial reactions often emphasis a need for fewer guns in the general public. Opposition to the proposed reforms of firearm policies cite the importance of the Second Amendment which ...


A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson Apr 2018

A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson

Golden Gate University Law Review

This Note begins with Part I section (A), describing the administrative rule and factual background, leading up to the suit in Wilson v. Lynch. Part I section (B) explains the arguments made at the U.S. District Court in Nevada and how the case progressed from the district court to the Ninth Circuit Court of Appeals. Then, Part I section (C) analyzes the Ninth Circuit’s application of the two-step test for Second Amendment challenges established in Chovan.

After evaluating the application of the two-step test in Wilson v. Lynch, Part II section (A) reviews the history of cannabis and ...


18 U.S.C. § 922(G)(1) Under Attack: The Case For As-Applied Challenges To The Felon-In-Possession Ban, Kari Lorentson Mar 2018

18 U.S.C. § 922(G)(1) Under Attack: The Case For As-Applied Challenges To The Felon-In-Possession Ban, Kari Lorentson

Notre Dame Law Review

Part I of this Note outlines the relevant statutory scheme governing the felon-in-possession ban, along with its applicable exceptions. Part II surveys landmark Supreme Court precedent related to the Second Amendment— namely, District of Columbia v. Heller and McDonald v. City of Chicago. In Part III, this Note conducts an overview of the current circuit split percolating in the courts of appeals. Part IV presents a rationale and justification for permitting judicial review of as-applied challenges to § 922(g)(1). Finally, Part V provides a critique of the Binderup analysis and puts forth an alternative standard to analyze similar cases.


Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger Jan 2018

Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger

Georgia State University Law Review

The Act broadens lawful gun owners’ rights by allowing weapons carry license holders to carry concealed guns on property owned or leased by public institutions of postsecondary education. The Act creates exceptions for sporting events, student housing, childcare spaces, classes for a college and career academy and other specialized schools, classrooms for dual enrollment programs, and spaces for administrative disciplinary proceedings. The law creates a misdemeanor penalty for noncompliance, and provides definitions for clarification.


The State Department Can Gun Down 3-D Printed Firearms, Derk Westermeyer Jan 2018

The State Department Can Gun Down 3-D Printed Firearms, Derk Westermeyer

Washington Journal of Law, Technology & Arts

In 1976, Congress enacted the Arms Export Control Act (“AECA”), giving the President broad power to control imports and exports of defense articles. At the time, defense articles included any “technical data” relating to weapons, such as the manufacturing blueprints of a firearm. Generally, this technical data was only in the hands of weapon manufacturers. After forty years of technological advances, however, this “technical data” can now be accessed by anyone in the world in a matter of seconds. Thanks to 3-D printing, a person can use this data to personally manufacture a fully functional plastic weapon within a few ...


Heller After Ten Years, E. Gregory Wallace Jan 2018

Heller After Ten Years, E. Gregory Wallace

Campbell Law Review

No abstract provided.