Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Constitutional Law; Constitutional Interpretation; Second Amendment; New York State Rifle & Pistol Association Inc. v. Bruen; Legal History (1)
- Gun Law; Gun Regulation; Gun Control; Second Amendment; New York State Rifle & Pistol Association (1)
- Inc. v. Bruen; New York Penal Law; Sensitive Place Laws; Concealed Carry Improvement Act; Antonyuk v. Hochul; Sullivan Law; District of Columbia v. Heller; Concealed Carry; Training Requirements; Discriminatory Policing; Crime Enforcement; NYPD; Disproportionate Impact; Ambiguity (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Second Amendment
Good Intentions With Bad Consequences: Post-Bruen Gun Legislation In New York, Michal E. Folczyk
Good Intentions With Bad Consequences: Post-Bruen Gun Legislation In New York, Michal E. Folczyk
Journal of Law and Policy
In response to a changing landscape for firearm licensing, New York State adopted training requirements for handgun ownership and sensitive place laws. Prior to obtaining a handgun license, training requirements ensure that applicants will be able to safely use a firearm. Upon obtaining a firearm license, sensitive place laws limit where a licensed individual may or may not bring their firearm, as a preventative measure. A violation of a sensitive place law could not only bring revocation of one’s license to carry a firearm, but also felony charges. Although well-intentioned by New York State, unintended consequences attach. This Note explores …
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith
Brooklyn Law Review
In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court overturned a century-old firearms licensing scheme that required people seeking concealed carry permits to demonstrate that they had a special need for self-defense. The Court did so by applying a “historical tradition” approach to determine the scope of Second Amendment protection. Under this approach, where the Second Amendment’s plain text covers an individual’s conduct, a law restricting that conduct must be consistent with “the Nation’s historical tradition of firearm regulation.” At first glance, the historical tradition approach may seem objective and easier than an empirical analysis …