Law Commons^™

Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick

Timothy Zick

No abstract provided.

Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian

Timothy Zick

No abstract provided.

Good Guys, Ban Guys And Gun Control, Nathan B. Oman

Nathan B. Oman

No abstract provided.

The Right To Remain Armed, Jeffrey Bellin

Jeffrey Bellin

The laws governing gun possession are changing rapidly. In the past two years, federal courts have wielded a revitalized Second Amendment to invalidate longstanding gun carrying restrictions in Chicago, the District of Columbia, and throughout California. Invoking similar Second Amendment themes, legislators across the country have steadily deregulated public gun carrying, preempting municipal gun control ordinances in cities like Philadelphia, Atlanta, and Cleveland.

These changes to substantive gun laws reverberate through the constitutional criminal procedure framework. By making it lawful for citizens to carry guns even in crowded urban areas, enhanced Second Amendment rights trigger Fourth Amendment protections that could …

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Carlisle Moody

No abstract provided.

Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short

Aric Short

merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a …

Guns On Campus: A Look At The First Year Of Concealed Carry At Texas Universities, Aric K. Short

Aric Short

After years of failed attempts, the Texas Legislature passed "campus carry" in 2015. Under the new law, effective in 2016 for four-year institutions, public universities must allow the concealed carry of handguns by license holders on their premises. Texas's campus carry law is unique when compared to other states that allow concealed carry on college campuses: each university is given the flexibility to create weapons implementation plans, including the establishment of limited gun-free zones. The first year of campus carry implementation by Texas universities has been relatively quiet, with generally uniform implementation rules established by colleges across the state. However, …

The Second Amendment And Gun Control, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Mary Ellen O'Connell

The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.

Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead

O. Carter Snead

Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …

Lawsuits Against The Gun Industry: A Comparative Institutional Analysis, Timothy D. Lytton

Timothy D. Lytton

I argue that the tort system can complement the efforts of either institutions such as markets, legislatures and administrative agencies to make public policy. Solving complex social problems typically requires the cooperation of several policymaking institutions, each with its own strengths and weaknesses. My examination of lawsuits against the gun industry reveals that the tort system can and should play an active policymaking role in reducing gun violence.

Reconsidering The Second Amendment: Constitutional Protection For A Right Of Security, 9 Hamline L. Rev. 69 (1986), Donald L. Beschle

Donald L. Beschle

No abstract provided.

Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf

Michael C. Dorf

No abstract provided.

Background On Hjr 1026--Amending The Oklahoma Constitution's Right To Keep And Bear Arms, March 11, Michael P. O'Shea

Michael P. O'Shea

No abstract provided.

The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael O'Shea

Michael P. O'Shea

No abstract provided.

Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green

Michael S. Green

No abstract provided.

The Scope Of Regulatory Authority Under The Second Amendment, Lawrence Rosenthal

Lawrence Rosenthal

This paper will appear as a chapter in a forthcoming book to be published by the Johns Hopkins University Press that analyzes the efficacy of firearms regulation. In this paper, the authors analyze the emerging jurisprudential framework for assessing the validity of firearms regulation under the Second Amendment to the United States Constitution. This emerging framework, the authors contend, preserves substantial regulatory authority for federal, state, and local governments. The authors then assess the constitutionality of the leading proposals for regulatory reform that have emerged in the wake of the tragic events at Sandy Hook Elementary School in Newtown, Connecticut.

Banning High Capacity Magazines: Heller And The Right To Bear Arms, Matthew Eitelberg

Matthew J Eitelberg

The debate over gun control, once moribund, is now the topic of political conversation in state legislatures and in Congress. The massacre of 20 schoolchildren and 6 school employees at Sandy Hook Elementary School has made gun control a very real possibility. One target of recent gun control measures is a prohibition on the sale and manufacture of detachable high-capacity magazines for semiautomatic weapons. Presently, at the state and federal level, legislation has been proposed, or is in the process of being implemented, that would prohibit the sale and manufacture of detachable high-capacity magazines for semiautomatic weapons. Such proposals implicate …

Second Amendment Plumbing After Mcdonald, Lawrence Rosenthal

Lawrence Rosenthal

These essays were written for a debate with Professor Joyce Lee Malcolm appearing in the Northwestern University Law Review concerning the standard of scrutiny to be applied to gun control laws in the wake of the Supreme Court's decision in McDonald v. City of Chicago. The opening essay argues that the text of the Second Amendment, the history of gun-control regulation, and the approach taken by the Supreme Court in McDonald and District of Columbia v. Heller argue for some form of intermediate scrutiny capable of coming to grips with the fact that the populace capable of bearing arms, that …

Second Amendment Plumbing After Heller: Of Incorporation, Standards Of Scrutiny, Well-Regulated Militias And Criminal Street Gangs, Lawrence Rosenthal

Lawrence Rosenthal

The decision of the United States Supreme Court in District of Columbia v. Heller ended one debate about the Second Amendment while beginning another.

Prior to Heller, the principal point on which courts and scholars had joined issue was whether the Second Amendment secures an individual right to bear arms or a right to participate in an organized militia. In Heller, the Court came down on the individual-rights side while resolving little else about the extent to which the Second Amendment will constrain the power to regulate firearms. Among the many questions left for future litigation, the two most important …

Parker V. The District Of Columbia And The Hollowness Of Originalist Claims To Principled Neutrality, William G. Merkel

William G. Merkel

A Cultural Turn: Reflections On Recent Historical And Legal Writing On The Second Amendment

William G. Merkel