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Full-Text Articles in Law
Gun Control Through Tort Law, Richard C. Ausness
Gun Control Through Tort Law, Richard C. Ausness
Law Faculty Scholarly Articles
I have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate of firearms regulation, argues that owners and commercial sellers of firearms who negligently fail to secure them against theft should be held liable when persons are killed or injured by firearms used in the commission of a crime.
In the past, believing that existing federal and state laws were inadequate to halt the spread of gun-related deaths and injuries, proponents of stricter gun control measures proposed a number of tort …
The Peculiar Story Of United States V. Miller, Brian L. Frye
The Peculiar Story Of United States V. Miller, Brian L. Frye
Law Faculty Scholarly Articles
On April 18, 1938, the Arkansas and Oklahoma state police stopped Jack Miller and Frank Layton, two washed-up Oklahoma bank robbers. Miller and Layton had an unregistered sawed-off shotgun, so the police arrested them for violating the National Firearms Act (“NFA”). Surprisingly, the district court dismissed the charges, holding the NFA violates the Second Amendment. The Supreme Court reversed in United States v. Miller, holding the Second Amendment does not guarantee the right to keep and bear a sawed-off shotgun as a matter of law.
Seventy years later, Miller remains the only Supreme Court opinion construing the Second Amendment. …
Taking A Second Look At The Second Amendment And Modem Gun Control Laws, David E. Johnson
Taking A Second Look At The Second Amendment And Modem Gun Control Laws, David E. Johnson
Kentucky Law Journal
No abstract provided.