Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (9)
- Touro University Jacob D. Fuchsberg Law Center (8)
- The University of Akron (4)
- Maurer School of Law: Indiana University (3)
- The Catholic University of America, Columbus School of Law (3)
-
- Washington and Lee University School of Law (3)
- Notre Dame Law School (2)
- Penn State Dickinson Law (2)
- Texas A&M University School of Law (2)
- University of Cincinnati College of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- West Virginia University (2)
- Belmont University (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Florida A&M University College of Law (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Marquette University Law School (1)
- Seton Hall University (1)
- St. Mary's University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Publication Year
- Publication
-
- Northwestern University Law Review (9)
- Touro Law Review (8)
- Indiana Law Journal (3)
- Akron Law Review (2)
- Catholic University Law Review (2)
-
- ConLawNOW (2)
- Dickinson Law Review (2017-Present) (2)
- Texas A&M Law Review (2)
- University of Cincinnati Law Review (2)
- Washington and Lee Law Review (2)
- West Virginia Law Review (2)
- Belmont Law Review (1)
- Catholic University Journal of Law and Technology (1)
- Chicago-Kent Law Review (1)
- Cleveland State Law Review (1)
- FIU Law Review (1)
- Florida A & M University Law Review (1)
- Fordham Urban Law Journal (1)
- Journal of Legislation (1)
- Marquette Law Review (1)
- Maryland Law Review (1)
- Michigan Law Review (1)
- Notre Dame Law Review (1)
- Seton Hall Circuit Review (1)
- St. Mary's Law Journal (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Baltimore Law Review (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- University of Miami Law Review (1)
- University of Richmond Law Review (1)
Articles 1 - 30 of 57
Full-Text Articles in Law
A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp
A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp
University of Cincinnati Law Review
No abstract provided.
The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee
The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee
Journal of Legislation
This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.
Salvaging Federal Domestic Violence Gun Regulations In Bruen’S Wake, Bonnie Carlson
Salvaging Federal Domestic Violence Gun Regulations In Bruen’S Wake, Bonnie Carlson
Washington Law Review
Congress passed two life-saving laws in the mid-1990s: a protection order prohibition, which bars firearm possession for protection order respondents, and the Lautenberg Amendment, which bars firearm possession for those convicted of misdemeanor crimes of domestic violence. Both laws have been repeatedly upheld by federal courts nationwide in the nearly thirty years since their enactment. Both faced renewed constitutional challenges after the United States Supreme Court’s foundation-shifting decision in New York State Rifle & Pistol Ass’n v. Bruen on June 23, 2022. The Lautenberg Amendment has fared well; every court to consider it post-Bruen has upheld it. Courts have …
Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah
Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah
University of Cincinnati Law Review
The rules governing the scope of liability in cases where firearms cause injuries—some well-established, others fairly novel—help to define the responsibilities of users, owners, and sellers of these popular but dangerous products. As the U.S. Supreme Court has recently expanded an individual’s right to keep and bear arms, some have wondered whether the Second Amendment might operate to limit the reach of these various tort doctrines. Sixty years ago, the Court started to constitutionalize various aspects of state common law, most famously using the First Amendment to limit defamation claims but in other respects as well. A comparable approach to …
Recalibrating Bruen: The Merits Of Historical Burden-Shifting In Second Amendment Cases, Kevin G. Schascheck Ii
Recalibrating Bruen: The Merits Of Historical Burden-Shifting In Second Amendment Cases, Kevin G. Schascheck Ii
Belmont Law Review
After Bruen, the prevailing assumption was that the Second Amendment framework shifted radically for all gun laws. Courts throughout the country have already invalidated key gun safety statutes while applying the new test. However, such holdings fail to grapple with the full weight of Second Amendment doctrines. A proper application of the doctrine in toto will result in no significant changes to the constitutionality of the vast majority of gun laws after Bruen.
This Article explains the underdeveloped interaction between two principal Second Amendment doctrines - presumptions of legal validity and historical analyses. That interaction, framed in its simplest terms, …
“What’S Brewin’ With Bruen?” Why, And How, We Must Permit Certain Felons To Possess Firearms, Samuel Roos
“What’S Brewin’ With Bruen?” Why, And How, We Must Permit Certain Felons To Possess Firearms, Samuel Roos
Dickinson Law Review (2017-Present)
In the summer of 2022, the U.S. Supreme Court decided New York Rifle & Pistol Association v. Bruen, outlining a new test for the constitutionality of statutes regulating firearm possession. The result has been chaos. In less than a year, U.S.C. § 922(n) and § 922(g)(8), which criminalize possession by specific people involved in the criminal justice system, have been held unconstitutional. Challenges to other federal firearm regulations are flooding the courts.
Notably, § 922(g)(1), which criminalizes possession of a firearm by any person with a felony in their criminal history, has been vigorously challenged. Few courts have yet …
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz
FIU Law Review
After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …
Dangerous And Unusual: How An Expanding National Firearms Act Will Spell Its Own Demise, Oliver Krawczyk
Dangerous And Unusual: How An Expanding National Firearms Act Will Spell Its Own Demise, Oliver Krawczyk
Dickinson Law Review (2017-Present)
The National Firearms Act of 1934 (NFA) is the strictest federal gun control law currently in effect. It criminalizes the mere possession and transfer of specifically enumerated categories of firearms deemed to be especially dangerous and unusual, such as machine guns and silencers. Commensurate with this viewpoint, the NFA imposes on violators harsh felony penalties, from lengthy prison sentences to six-figure fines. However, the NFA permits lawful civilian ownership of these firearms under a taxation and registration scheme administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In its 2008 District of Columbia v. Heller decision, the United …
Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza
Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza
Northwestern University Law Review
In Second Amendment Animus, Professor Jacob Charles examines whether the burgeoning doctrine of unconstitutional animus should play any role in adjudicating Second Amendment claims. This Essay responds to Professor Charles’s important work. While it concludes that he is likely correct to reject animus as a grounding for Second Amendment claims, it points out areas where the analysis is more nuanced than he suggests. After considering Professor Charles’s analysis, the Essay examines the Second Amendment animus issue through the theoretical lens provided by Professor Martha Nussbaum’s work on disgust as a motivating factor for the types of exclusionary and subordinating …
Securing Gun Rights By Statute: The Right To Keep And Bear Arms Outside The Constitution, Jacob D. Charles
Securing Gun Rights By Statute: The Right To Keep And Bear Arms Outside The Constitution, Jacob D. Charles
Michigan Law Review
In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution, like rights to bring guns on private property against an owner’s wishes and to carry a concealed firearm in public with no training or background check. This Article catalogues this set of expansive laws and critically assesses them. Unlike …
Second Amendment Equilibria, Darrell A.H. Miller
Second Amendment Equilibria, Darrell A.H. Miller
Northwestern University Law Review
No abstract provided.
Second Amendment Animus, Jacob D. Charles
Second Amendment Animus, Jacob D. Charles
Northwestern University Law Review
No abstract provided.
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.
When Two Rights Make A Wrong: Armed Assembly Under The First And Second Amendments, Michael C. Dorf
When Two Rights Make A Wrong: Armed Assembly Under The First And Second Amendments, Michael C. Dorf
Northwestern University Law Review
No abstract provided.
When Guns Threaten The Public Sphere: A New Account Of Public Safety Under Heller, Joseph Blocher, Reva B. Siegel
When Guns Threaten The Public Sphere: A New Account Of Public Safety Under Heller, Joseph Blocher, Reva B. Siegel
Northwestern University Law Review
No abstract provided.
The Second Amendment In A Carceral State, Alice Ristroph
The Second Amendment In A Carceral State, Alice Ristroph
Northwestern University Law Review
No abstract provided.
The Resilience Of Substantive Rights And The False Hope Of Procedural Rights: The Case Of The Second Amendment And The Seventh Amendment, Renée Lettow Lerner
The Resilience Of Substantive Rights And The False Hope Of Procedural Rights: The Case Of The Second Amendment And The Seventh Amendment, Renée Lettow Lerner
Northwestern University Law Review
No abstract provided.
Second-Class Rights And Second-Class Americans: Applying Carolene Products Footnote Four And The Court’S Enforcement Of Nationally Accepted Norms Against Local Outlier Jurisdictions In Second Amendment Enforcement Litigations, Mark W. Smith
Catholic University Law Review
In the years since deciding District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), the Supreme Court has largely abandoned the role of protecting American gun owners despite the text, history, and tradition of the Second Amendment’s right to keep and bear arms. The Supreme Court has failed to use the jurisprudential tools at its disposal to ensure that the fundamental right to arms is protected as robustly as other enumerated constitutional rights. This failure is an acute one. And it is unjustifiable across a wide variety of jurisprudential methodologies, from originalism to the non-originalist approaches …
The Militia: A Definition And Litmus Test, Marcus Armstrong
The Militia: A Definition And Litmus Test, Marcus Armstrong
St. Mary's Law Journal
The United States Supreme Court, in its decision in Perpich v. Department of Defense, ruled that members of the National Guard are “troops” as that word is used in the Constitution. In doing so, the Court negated a long-standing, but obsolete, definition of the militia. However, this move away from an obsolete definition of the militia posed considerable difficulties that the Court was unable to rectify in its Perpich decision. In this Article, the author hopes to help rectify these difficulties by proposing four necessary characteristics that define the militia: first, the militia is a military force; second, the …
Who Has The Right?: Analysis Of Second Amendment Challenges To 18 U.S.C. § 922(G)(4), Alexandra T. Cline
Who Has The Right?: Analysis Of Second Amendment Challenges To 18 U.S.C. § 922(G)(4), Alexandra T. Cline
Notre Dame Law Review
This Note argues that courts should decide challenges to § 922(g)(4) solely under the first step of the test, based on the notion that individuals subject to § 922(g)(4) fall outside the scope of Second Amendment protection. Thus, under the two-part test, the law would not burden conduct protected by the Amendment, rendering step two unnecessary for at least the vast majority of § 922(g)(4) challenges. This Note provides three independent ways in which courts could deem § 922(g)(4) outside the purview of the Second Amendment, and each should be considered a permissible approach.
The first Part of this Note …
Of Arms And The Militia: Gun Regulation By Defining “Ordinary Military Equipment”, Edward J. Curtis
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 …
Shooting America Straight: Why The Time Is Now For The Supreme Court To Fortify Gun Rights In America Post-Heller, Garrett Cleveland
Shooting America Straight: Why The Time Is Now For The Supreme Court To Fortify Gun Rights In America Post-Heller, Garrett Cleveland
Texas A&M Law Review
Since the landmark cases of District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010, the Supreme Court has declined to hear any of the many current cases that present an opportunity to address the Second Amendment. As a result, the lower courts have largely eroded firearm rights in many regions of the United States. It is thus imperative that the Supreme Court grant certiorari to a Second Amendment-related case to clarify certain aspects of Heller, or the lower courts will continue to treat the Second Amendment as a disfavored right. Essentially, the lower courts …
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
Touro Law Review
No abstract provided.
When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos
When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos
West Virginia Law Review
No abstract provided.
"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 Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara
The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara
Catholic University Journal of Law and Technology
As society becomes more technology driven, legal issues continue to arise around the world. From privacy to national security, technology develops at a rate the law simply cannot keep up with. In the United States, one of the biggest legal issues is how the new risks technology brings will interfere with our individual liberties.
Technologies like three-dimensional (“3D”) printing have transformed everything from lifesaving surgeries to gun manufacturing. This technology has led to a whole new way of communicating via computer coding, with the online open source movement leading innovation by allowing for the sharing and editing of files freely. …
Out Of The Home And In Plain Sight: Our Evolving Second Amendment And Open Carry In Wisconsin, Lance Duroni
Out Of The Home And In Plain Sight: Our Evolving Second Amendment And Open Carry In Wisconsin, Lance Duroni
Marquette Law Review
none
Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels
Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels
West Virginia Law Review
No abstract provided.
In Defense Of Hearth And [Foster] Home: Determining The Constitutionality Of State Regulation Of Firearm Storage In Foster Homes, Joseph G. Duchane
In Defense Of Hearth And [Foster] Home: Determining The Constitutionality Of State Regulation Of Firearm Storage In Foster Homes, Joseph G. Duchane
Washington and Lee Law Review
No abstract provided.