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Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller 2018 Duke Law School

Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller

Washington and Lee Law Review Online

William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts to protect that same class or right. Dignity helps explain the Court’s halting approach to Reconstruction Amendment enforcement power more generally – an approach in which constitutional versus unconstitutional legislation turns on seemingly insignificant regulatory distinctions. And dignity’s role in § 5 ...


The Privileges And Immunities Of Non-Citizens, R. George Wright 2018 Indiana University Robert H. McKinney School of Law

The Privileges And Immunities Of Non-Citizens, R. George Wright

Cleveland State Law Review

However paradoxically, in some practically important contexts, non-citizens of all sorts can rightly claim what amount to privileges and immunities of citizens. This follows from a careful and entirely plausible understanding of the inherently relational, inescapably social, and essentially reciprocal nature of at least some typical privileges and immunities.

This Article contends that the relationship between constitutional privileges and immunities and citizenship is more nuanced, and much more interesting, than usually recognized. Crucially, allowing some non-citizens to invoke the privileges and immunities of citizens often makes sense. The intuitive sense that non-citizens cannot logically claim the privileges or immunities of ...


Second Amendment: D.C. Circuit Court Creates Split On The Constitutionality Of Good-Reason Laws, Madeleine Giese 2018 Southern Methodist University

Second Amendment: D.C. Circuit Court Creates Split On The Constitutionality Of Good-Reason Laws, Madeleine Giese

SMU Law Review

No abstract provided.


A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson 2018 Golden Gate University School of Law

A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson

Golden Gate University Law Review

This Note begins with Part I section (A), describing the administrative rule and factual background, leading up to the suit in Wilson v. Lynch. Part I section (B) explains the arguments made at the U.S. District Court in Nevada and how the case progressed from the district court to the Ninth Circuit Court of Appeals. Then, Part I section (C) analyzes the Ninth Circuit’s application of the two-step test for Second Amendment challenges established in Chovan.

After evaluating the application of the two-step test in Wilson v. Lynch, Part II section (A) reviews the history of cannabis and ...


18 U.S.C. § 922(G)(1) Under Attack: The Case For As-Applied Challenges To The Felon-In-Possession Ban, Kari Lorentson 2018 University of Notre Dame Law School

18 U.S.C. § 922(G)(1) Under Attack: The Case For As-Applied Challenges To The Felon-In-Possession Ban, Kari Lorentson

Notre Dame Law Review

Part I of this Note outlines the relevant statutory scheme governing the felon-in-possession ban, along with its applicable exceptions. Part II surveys landmark Supreme Court precedent related to the Second Amendment— namely, District of Columbia v. Heller and McDonald v. City of Chicago. In Part III, this Note conducts an overview of the current circuit split percolating in the courts of appeals. Part IV presents a rationale and justification for permitting judicial review of as-applied challenges to § 922(g)(1). Finally, Part V provides a critique of the Binderup analysis and puts forth an alternative standard to analyze similar cases.


Heller And “Assault Weapons”, David Kopel, Jonathan Lowy, Alan Rostron 2018 Research Director, Independence Institute; Associate Policy Analyst, Cato Institute; Adjunct Professor of Law, Denver University, Sturm College of Law

Heller And “Assault Weapons”, David Kopel, Jonathan Lowy, Alan Rostron

Law Review Symposia

A discussion of how Heller has been applied to “assault weapon” bans, with special attention given to the Fourth Circuit’s en banc decision in Kolbe v. Hogan, which held that the popular AR-15 rifle and other “assault weapons” are not protected arms under the Second Amendment.

Moderated by Professor E. Gregory Wallace.


Heller And Public Carry Restrictions, Brannon Denning (Moderator), Joseph Blocher, Jonathan Lowy, George Mocsary, Glenn Reynolds 2018 Associate Dean and Professor of Law, Cumberland School of Law, Samford University

Heller And Public Carry Restrictions, Brannon Denning (Moderator), Joseph Blocher, Jonathan Lowy, George Mocsary, Glenn Reynolds

Law Review Symposia

A discussion of how lower courts have applied Heller to various restrictions on the carrying of firearms in public places, with special attention given to the District of Columbia Circuit’s decision in Wrenn v. District of Columbia, the Ninth Circuit’s en banc decision in Peruta v. County of San Diego, and the Fourth Circuit’s decision in Woollard v. Gallagher.


Heller In The Lower Courts, Brannon Denning, Dennis Henigan, David Kopel, Hannah Shearer 2018 Associate Dean and Professor of Law, Cumberland School of Law, Samford University

Heller In The Lower Courts, Brannon Denning, Dennis Henigan, David Kopel, Hannah Shearer

Law Review Symposia

A discussion of how federal circuit courts have applied Heller, with a focus on lower court views of Heller’s holding and scope, the extent to which Heller provides a general framework for constitutional analysis in Second Amendment cases, what guidance Heller provides for resolving cases involving the right to arms in public places, the development of analytical frameworks beyond Heller, and whether lower courts have given proper deference to Heller in their Second Amendment decisions.

Moderated by Professor Sarah Ludington.


Heller: Past, Present, And Future, Joseph Blotcher (Moderator), Alan Gura, Dennis Henigan, Glen Reynolds 2018 Professor of Law, Duke University School of Law

Heller: Past, Present, And Future, Joseph Blotcher (Moderator), Alan Gura, Dennis Henigan, Glen Reynolds

Law Review Symposia

A wide-ranging discussion of the Supreme Court’s 2008 decision in District of Columbia v. Heller recognizing the individual right to keep and bear arms, whether that decision has been applied properly in the lower courts, and what the Supreme Court is likely to do with the constitutional right to arms in the future.


Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger 2018 Georgia State University College of Law

Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger

Georgia State University Law Review

The Act broadens lawful gun owners’ rights by allowing weapons carry license holders to carry concealed guns on property owned or leased by public institutions of postsecondary education. The Act creates exceptions for sporting events, student housing, childcare spaces, classes for a college and career academy and other specialized schools, classrooms for dual enrollment programs, and spaces for administrative disciplinary proceedings. The law creates a misdemeanor penalty for noncompliance, and provides definitions for clarification.


Contumacious Responses To Firearms Legislation Balancing Federalism Concerns, Royce de R. Barondes 2018 University of Missouri School of Law

Contumacious Responses To Firearms Legislation Balancing Federalism Concerns, Royce De R. Barondes

Faculty Publications

The Law Enforcement Officers Safety Act (“LEOSA”) is one of the handful of federal statutes that preempt state firearms regulation. It allows covered individuals (certain current and retired qualified law enforcement personnel) to possess firearms notwithstanding assorted state restrictions — to protect themselves and to supplement local law enforcement efforts.

The act reflects a careful legislative balancing of federalism concerns. Although it relies on states and localities to issue the authorizing credentials, it does not mandate states create a licensing regime out of whole cloth. The act ultimately presents issues requiring a nuanced assessment of the doctrine proscribing federal commandeering of ...


The "Scourge" Of Armed Check Fraud: A Constitutional Framework For Prohibited Possessor Laws, Jeffrey Giancana 2018 University of Michigan Law School

The "Scourge" Of Armed Check Fraud: A Constitutional Framework For Prohibited Possessor Laws, Jeffrey Giancana

University of Michigan Journal of Law Reform

Prohibited possessor statutes have been a part of American law for decades. Put simply, these laws prohibit any person who has been convicted of a felony from possessing a firearm, a prohibition that lasts for the felon’s entire life. The Supreme Court’s modern Second Amendment jurisprudence has held that the right to possess a firearm is a fundamental individual right. In light of this new paradigm, the constitutionality of such broad prohibitions must be called into question—despite the eagerness of courts across the country to dismiss such challenges by pointing to a single line in Heller. This ...


The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regulation, Mark Anthony Frassetto 2018 Everytown for Gun Safety

The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regulation, Mark Anthony Frassetto

Campbell Law Review

In the aftermath of District of Columbia v. Heller, a prominent issue remains unresolved: whether, or to what extent, the Second Amendment protects an individual right to keep and bear arms outside of the home. This Article explores this unresolved issue through a newly uncovered source, the congressional debates surrounding the District of Columbia's public carry law in the 1890s.

These debates provide new insights into the understanding of the right to keep and bear arms in the years following the drafting and ratification of the Fourteenth Amendment. Two conclusions can be drawn from the debate. First, there was ...


Is The Second Amendment Becoming Irrelevant?, A Winkler 2018 UCLA School of Law

Is The Second Amendment Becoming Irrelevant?, A Winkler

Indiana Law Journal

Why might the Second Amendment cease to serve this vital constitutional function? The explanation begins with the difference between how the Second Amendment is invoked in political debates and how the amendment is invoked in court. There are, it seems, two Second Amendments. There is a Judicial Second Amendment comprised of court decisions interpreting the provision, and there is an Aspirational Second Amendment that is used in political dialogue. These two versions of the Second Amendment are different; the aspirational one is far more hostile to gun laws than the judicial one.

Moreover, the Aspirational Second Amendment is overtaking the ...


Heller After Ten Years, E. Gregory Gregory Wallace 2018 Campbell University School of Law

Heller After Ten Years, E. Gregory Gregory Wallace

Campbell Law Review

No abstract provided.


Style, Substance, And The Right To Keep And Bear Assault Weapons, Allen Rostron 2018 University of Missouri-Kansas City School of Law

Style, Substance, And The Right To Keep And Bear Assault Weapons, Allen Rostron

Campbell Law Review

Assault weapons have long been a subject of intense controversy. The debate has intensified in recent years after a series of mass shootings in which perpetrators used AR-15 rifles or other military-style weapons, such as the shootings in Newtown, Aurora, San Bernardino, Orlando, Las Vegas, Sutherland Springs, and Parkland While the federal assault weapon ban has expired, some state legislatures have enacted bans. Critics complain that these laws irrationally condemn certain types of firearms simply because they have a military appearance. Gun control advocates argue that these laws are not just about superficial appearances and that the banned weapons are ...


The Misapplication Of The Lautenberg Amendment In Voisine V. United States And The Resulting Loss Of Second Amendment Protection, Cynthia M. Menta 2017 The University of Akron

The Misapplication Of The Lautenberg Amendment In Voisine V. United States And The Resulting Loss Of Second Amendment Protection, Cynthia M. Menta

Akron Law Review

Over the past two decades, Congress has enacted various laws aimed at protecting victims of domestic violence. One such law is 18 U.S.C. § 922(g)(9), also known as the Lautenberg Amendment, which prohibits any person convicted of a misdemeanor crime of domestic violence from possessing a firearm. However, because the Second Amendment has been deemed a fundamental right by the Supreme Court, such a restriction on firearms possession is only permissible if it serves a compelling government interest. Unfortunately, since the Lautenberg Amendment was enacted in 1996, the courts have struggled to interpret its ambiguous terms, which ...


Beware The "Terror Gap": Closing The Loophole Between The U.S. Terrorist Watchlist System And The Right To Bear Arms, Elizabeth M. Sullivan 2017 Cornell Law School

Beware The "Terror Gap": Closing The Loophole Between The U.S. Terrorist Watchlist System And The Right To Bear Arms, Elizabeth M. Sullivan

Cornell Law Review

No abstract provided.


Arkansas Open Carry: Understanding Law Enforcement’S Legal Capability Under A Difficult Statute, J. Harrison Berry 2017 University of Arkansas, Fayetteville

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 ...


Gun Control: Political Fears Trump Crime Control, Clayton E. Cramer, Joseph Edward Olson 2017 University of Maine School of Law

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 ...


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