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Full-Text Articles in Law
The Fugazi Second Amendment: Bruen's Text, History, And Tradition Problem And How To Fix It, Patrick J. Charles
The Fugazi Second Amendment: Bruen's Text, History, And Tradition Problem And How To Fix It, Patrick J. Charles
Cleveland State Law Review
This Article critiques the Supreme Court’s use of text, history, and tradition in New York Rifle & Pistol Association, Inc. v. Bruen. In doing so, not only is the Supreme Court’s approach to history-in-law in Bruen called into question, but also the Article provides the courts with an historically objective and even-keeled ‘way-ahead’ for future Second Amendment cases and controversies.
The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider
The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider
Northwestern University Law Review
No abstract provided.
The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund
The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund
Northwestern University Law Review
No abstract provided.
"Gunba Control" The Constitutionality Of Semi-Automatic Robotic Weapons, Steve P. Szymanski
"Gunba Control" The Constitutionality Of Semi-Automatic Robotic Weapons, Steve P. Szymanski
Catholic University Journal of Law and Technology
This piece examines how the Second Amendment, and its recent jurisprudential standards would apply to foreseeable semi-autonomous weapons in the private sector. Following an analysis of the landmark Supreme Court decision in District of Columbia v. Heller and its progeny, the work forecasts how the rules would apply to a home defense drone designed to defend at the exterior of a domicile, an armed “digi-dog” designed for self-defense in public, and an armed robot (“Gunba”) designed to operate entirely within one’s domicile. Ultimately, it concludes that an semi-autonomous robot, designed for in-home use, could conceivably receive Second Amendment protection.
"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms, Jack M. Amaro
"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 …
The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti
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 recent, …
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
Defending Self-Defense: Why Florida Should Follow The Eleven States That Already Allow For Campus Carry, Jennifer Garcia
St. Thomas Law Review
The supreme law of the land states: ". . .the right of the people to keep and bear arms shall not be infringed." The Supreme Court has found that the right to bear arms for self-defense is protected by the Constitution. Most states have expanded on this right and allow individuals to carry concealed weapons as long as they become licensed by the state. However, this right to carry concealed weapons is surely subject to limitations.' In the state of Florida, concealed weapon permit holders are prohibited from carrying on college or university campuses. This restriction is not beneficial to …
Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika
Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika
Touro Law Review
No abstract provided.
Carrying The Second Amendment Outside Of The Home: A Critique Of The Third Circuit's Decision In Drake V. Filko, Ryan Notarangelo
Carrying The Second Amendment Outside Of The Home: A Critique Of The Third Circuit's Decision In Drake V. Filko, Ryan Notarangelo
Catholic University Law Review
In D.C. v. Heller, the Supreme Court of the United States held that the Second Amendment protects an individual’s inherent right to keep and bear arms for self-defense-most notably, inside the home. Post-Heller, the lower courts are split on the Second Amendment’s protections outside of the home. This Note addresses the Third Circuit’s opinion on that split. In Drake v. Filko, the Third Circuit addressed whether New Jersey’s concealed carry permit law, which requires an individual to demonstrate a “justifiable need” to carry a handgun outside of the home, violated the Second Amendment. The plaintiffs were …
Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta
Catholic University Law Review
No abstract provided.
Knives And The Second Amendment, David B. Kopel, Clayton E. Cramer, Joseph Edward Olson
Knives And The Second Amendment, David B. Kopel, Clayton E. Cramer, Joseph Edward Olson
University of Michigan Journal of Law Reform
This Article is the first scholarly analysis of knives and the Second Amendment. Under the Supreme Court’s standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense. There is no knife that is more dangerous than a modern handgun; to the contrary, knives are much less dangerous. Therefore, restrictions on carrying handguns set the upper limit for restrictions on carrying knives. Prohibitions on carrying knives in general, or of particular knives, are unconstitutional. For example, bans of knives that open in a convenient way (e.g., …
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.