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Full-Text Articles in Second Amendment

Once Mentally Ill, Always A Danger? Lifetime Bans On Gun Ownership Under Fire Following Involuntary Commitment, Amanda Pendel Jan 2022

Once Mentally Ill, Always A Danger? Lifetime Bans On Gun Ownership Under Fire Following Involuntary Commitment, Amanda Pendel

Touro Law Review

18 U.S.C. § 922(g)(4) imposes a lifetime ban on those who have been involuntarily committed to a mental institution from purchasing, or possessing a firearm, regardless of an extended passage of time, or a finding that the individual is unlikely to pose a danger to themselves or the public. Three circuits have created a split concerning the constitutionality of this statute. The Third Circuit held in Beers v. Attorney General United States that those involuntarily committed were outside of the scope of the Second Amendment; therefore, the § 922(g)(4)’s categorical ban is constitutional. Next, the Ninth Circuit in Mai v. …


Of Arms And The Militia: Gun Regulation By Defining “Ordinary Military Equipment”, Edward J. Curtis Jan 2021

Of Arms And The Militia: Gun Regulation By Defining “Ordinary Military Equipment”, Edward J. Curtis

Touro Law Review

Recent mass shootings have placed pressure on Congress and state legislatures to regulate semi-automatic rifles and handguns in the interest of public safety. However, the Second Amendment provides that, “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. There is no obvious public safety exception.

Semi-automatic rifles, handguns, and other kinds of arms can be regulated more effectively by defining the “ordinary military equipment” militia members are expected to provide. This may be accomplished using the rationale employed by the United States …


The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante Jan 2020

The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante

Touro Law Review

No abstract provided.


Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika Aug 2015

Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika

Touro Law Review

No abstract provided.


Let’S Not Forget: We Have A State Interest To Promote, Elias Arroyo Aug 2015

Let’S Not Forget: We Have A State Interest To Promote, Elias Arroyo

Touro Law Review

No abstract provided.


The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez Nov 2014

The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez

Touro Law Review

No abstract provided.


The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo Oct 2013

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 Second Amendment And Gun Control, Erwin Chemerinsky Feb 2013

The Second Amendment And Gun Control, Erwin Chemerinsky

Touro Law Review

No abstract provided.


The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman Jan 2013

The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman

Touro Law Review

No abstract provided.


Guns And Ammo: For Convicted Americans Viewing Pictures Of Others Enjoying Their Constitutional Right To Bear Arms In A Magazine Is The Closest They Will Ever Get To Seeing The Second Amendment At Work - People V. Hughes, Ronald P. Perry Jul 2012

Guns And Ammo: For Convicted Americans Viewing Pictures Of Others Enjoying Their Constitutional Right To Bear Arms In A Magazine Is The Closest They Will Ever Get To Seeing The Second Amendment At Work - People V. Hughes, Ronald P. Perry

Touro Law Review

No abstract provided.