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Articles 1 - 13 of 13
Full-Text Articles in Law
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Brannon P. Denning, Glenn H. Reynolds
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Brannon P. Denning, Glenn H. Reynolds
William & Mary Law Review
New York State Rifle & Pistol Association, Inc. v. Bruen was the first significant Second Amendment case that the Supreme Court had heard in nearly fifteen years since its decision in District of Columbia v. Heller. This Article offers some preliminary observations about the opinion itself, as well as its likely effects, some of which are starting to manifest.
Our first take concerns the question of opinion assignment. Why did Chief Justice Roberts—whose support for the Second Amendment has been suspect—assign the opinion to Justice Thomas?
Takes Two and Three concern Justice Thomas’s substitution of text, history, and tradition …
The Right To Train: A Pillar Of The Second Amendment, Joseph G.S. Greenlee
The Right To Train: A Pillar Of The Second Amendment, Joseph G.S. Greenlee
William & Mary Bill of Rights Journal
Since the Supreme Court confirmed that the Second Amendment protects “the individual right to possess and carry weapons” in District of Columbia v. Heller, lower courts have been grappling with whether there is also a right to train with those weapons. Courts have considered whether training is a protected activity, whether it is a “core” right, and whether its protection is limited to gaining the minimum competency needed for self-defense.
[...]
No court yet has explored the legal history of the right to train, nor has any article. This Article presents the first in-depth historical exploration of the right. …
Red Flag Laws And Procedural Due Process: Analyzing Proposed Utah Legislation, John R. Richardson
Red Flag Laws And Procedural Due Process: Analyzing Proposed Utah Legislation, John R. Richardson
Utah Law Review
In this Note, I analyze the validity of criticism against red flag laws based on procedural due process. I proceed as follows: In Part I, I discuss the background of red flag laws, the different versions passed among states, and the few constitutional challenges brought thus far. In Part II, I analyze the statutes’ validity under federal due process standards. I then specifically examine proposed Utah bills that failed to pass in previous legislative sessions. While providing recommendations, I argue that the legislation would likely pass constitutional muster. In Part III, I conclude that red flag laws are generally constitutional …
Second Amendment Background Principles And Heller's Sensitive Places, Adam B. Sopko
Second Amendment Background Principles And Heller's Sensitive Places, Adam B. Sopko
William & Mary Bill of Rights Journal
Judges and commentators have widely acknowledge that history enjoys a privileged status in Second Amendment cases, but its precise role is undertheorized and rarely controls case outcomes. In particular, courts have been unable to decide "sensitive places" cases-- challenges to location-based gun laws-- in a manner that adheres to Supreme Court precedent because existing Second Amendment doctrine lacks a test for sensitive places cases that uses history and tradition in a principled way. This Article proposes a solution to address that problem.
An untapped source of guidance is the Court's takings jurisprudence. Interpreting their respective constitutional provisions, Justice Scalia observed …
Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump
Keep Your Powder Dry And Your Standards High: Protect The Second Amendment's Core With Strict Scrutiny Review, Rebecca L. Trump
West Virginia Law Review
No abstract provided.
Arkansas Open Carry: Understanding Law Enforcement’S Legal Capability Under A Difficult Statute, J. Harrison Berry
Arkansas Open Carry: Understanding Law Enforcement’S Legal Capability Under A Difficult Statute, J. Harrison Berry
Arkansas Law Review
“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.”1 Although the United States Supreme Court in District of Columbia v. Heller established a fundamental understanding that individuals have a right to own a gun for personal use, the Court recognized that, as with all fundamental rights, the individual right to keep and bear arms is “not unlimited.”2 A few limits the Court mentioned included “prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of …
Gun Control: Political Fears Trump Crime Control, Clayton E. Cramer, Joseph Edward Olson
Gun Control: Political Fears Trump Crime Control, Clayton E. Cramer, Joseph Edward Olson
Maine Law Review
No matter how draconian, gun control laws are weakly enforced (at least in the United States) and seldom of any significant effect in reducing crime. The kind of citizen who will comply with a gun law is the opposite of the person who will use a gun to facilitate his or her crimes. The problem of weak enforcement is highlighted by a candid interview with the author of the District of Columbia’s 1968 gun registration scheme while the District’s 1975-76 gun ban was under consideration: The problem, [Hechinger] said, is the failure of the mayor and police department to enforce …
The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo
The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo
Touro Law Review
No abstract provided.
The Right To Defensive Arms After District Of Columbia V. Heller, Michael P. O'Shea
The Right To Defensive Arms After District Of Columbia V. Heller, Michael P. O'Shea
West Virginia Law Review
No abstract provided.
United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson
United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson
West Virginia Law Review
No abstract provided.
Rationing Firearms Purchases And The Right To Keep Arms: Reflections On The Bills Of Rights Of Virginia, West Virginia, And The United States, Stephen P. Halbrook
Rationing Firearms Purchases And The Right To Keep Arms: Reflections On The Bills Of Rights Of Virginia, West Virginia, And The United States, Stephen P. Halbrook
West Virginia Law Review
No abstract provided.
State V. Buckner And The Right To Keep And Bear Arms In West Virginia, Michael O. Callaghan
State V. Buckner And The Right To Keep And Bear Arms In West Virginia, Michael O. Callaghan
West Virginia Law Review
No abstract provided.
The Right Of Who To Bear What, When, And Where--West Virginia Firearms Law V. The Right-To-Bear-Arms Amendment, James W. Mcneely
The Right Of Who To Bear What, When, And Where--West Virginia Firearms Law V. The Right-To-Bear-Arms Amendment, James W. Mcneely
West Virginia Law Review
No abstract provided.