Second Amendment Commons

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Recent Articles in Second Amendment

A Snowball's Chance In Heller: Why Decastro's Substantial Burden Standard Is Unlikely To Survive, Andrew Peace Boston College Law School

A Snowball's Chance In Heller: Why Decastro's Substantial Burden Standard Is Unlikely To Survive, Andrew Peace

Boston College Law Review

On June 1, 2012, the U.S. Court of Appeals for the Second Circuit in United States v. Decastro analyzed a Second Amendment challenge to a firearm regulation using a substantial burden standard. In so doing, the Second Circuit ignored much of the Supreme Court’s guidance in its 2008 decision in District of Columbia v. Heller. This Comment argues that the Decastro substantial burden standard offers insufficient protection for Second Amendment rights, and is therefore unlikely to survive.


A Systematic Plan For Firearms Law Reform, Katherine L. Record, Lawrence O. Gostin Georgetown University Law Center

A Systematic Plan For Firearms Law Reform, Katherine L. Record, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Tragedy after tragedy has drawn the nation’s attention towards gun violence. Yet the murder of 20 school children in Newtown, CT has done more to drive the national dialogue on gun control than any preceding mass shooting, not to mention the endemic murderous violence that plagues city streets day in and out. President Obama has responded by calling on Congress to (1) close background check loopholes; (2) ban assault weapons and high-capacity magazines; and (3) improve mental health services. All of these measures are necessary to curb gun violence. Yet, in a nation with more firearms per capita than ...


The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman Touro College Jacob D. Fuchsberg Law Center

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

Touro Law Review

No abstract provided.


The Second Amendment And Gun Control, Erwin Chemerinsky Touro College Jacob D. Fuchsberg Law Center

The Second Amendment And Gun Control, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Guns And Membership In The American Polity, Pratheepan Gulasekaram College of William & Mary Law School

Guns And Membership In The American Polity, Pratheepan Gulasekaram

William & Mary Bill of Rights Journal

No abstract provided.


Mcdonald’S Paradoxical Legacy: State Restrictions Of Non-Citizens’ Gun Rights, David S. Cohen University of Maryland Francis King Carey School of Law

Mcdonald’S Paradoxical Legacy: State Restrictions Of Non-Citizens’ Gun Rights, David S. Cohen

Maryland Law Review

No abstract provided.


What A Balancing Test Will Show For Right-To-Carry Laws, John R. Lott Jr. University of Maryland Francis King Carey School of Law

What A Balancing Test Will Show For Right-To-Carry Laws, John R. Lott Jr.

Maryland Law Review

No abstract provided.


The Woollard Decision And The Lessons Of The Trayvon Martin Tragedy, Dennis A. Henigan University of Maryland Francis King Carey School of Law

The Woollard Decision And The Lessons Of The Trayvon Martin Tragedy, Dennis A. Henigan

Maryland Law Review

No abstract provided.


Decisional Minimalism And The Judicial Evaluation Of Gun Regulations, Richard C. Boldt University of Maryland Francis King Carey School of Law

Decisional Minimalism And The Judicial Evaluation Of Gun Regulations, Richard C. Boldt

Maryland Law Review

No abstract provided.


A Second Amendment Quartet - Heller And Mcdonald In The Lower Courts - Introduction, Stephen Kiehl University of Maryland Francis King Carey School of Law

A Second Amendment Quartet - Heller And Mcdonald In The Lower Courts - Introduction, Stephen Kiehl

Maryland Law Review

No abstract provided.


In Search Of A Standard: Gun Regulations After Heller And Mcdonald, Stephen Kiehl University of Maryland Francis King Carey School of Law

In Search Of A Standard: Gun Regulations After Heller And Mcdonald, Stephen Kiehl

Maryland Law Review

No abstract provided.


District Of Columbia V. Heller: Failing To Establish A Standard For The Future, Lindsay Goldberg University of Maryland Francis King Carey School of Law

District Of Columbia V. Heller: Failing To Establish A Standard For The Future, Lindsay Goldberg

Maryland Law Review

No abstract provided.


Incrementalism, Comprehensive Rationality, And The Future Of Gun Control, Allen Rostron University of Maryland Francis King Carey School of Law

Incrementalism, Comprehensive Rationality, And The Future Of Gun Control, Allen Rostron

Maryland Law Review

No abstract provided.


Communitarians, Neorepublicans, And Guns: Assessing The Case For Firearms Prohibition, David B. Kopel, Christopher C. Little University of Maryland Francis King Carey School of Law

Communitarians, Neorepublicans, And Guns: Assessing The Case For Firearms Prohibition, David B. Kopel, Christopher C. Little

Maryland 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 Touro College Jacob D. Fuchsberg Law Center

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.


Originalism In Practice, Lawrence Rosenthal Maurer School of Law: Indiana University

Originalism In Practice, Lawrence Rosenthal

Indiana Law Journal

No abstract provided.