Law Commons^™

Crimes And Offenses Offenses Against Public Order And Safety: Reserve To The State The Right To Bring Certain Civil Actions Against Firearms Manufacturers, Trade Associations, And Dealers, Karen L. Dayton

Georgia State University Law Review

The Act declares that the lawful design, marketing, manufacture, or sale of firearms or ammunition do not constitute unreasonably dangerous activities and do not create a nuisance per se. The Act also gives the State of Georgia the right to bring suit against any trade association or dealer who conducts the activities listed above on behalf of any governmental unit created by the General Assembly or the Constitution of Georgia. However, the Act does not prohibit local governmental units from filing lawsuits based on breach of contract or breach of warranty theories of liability for firearms or ammunition purchased from …

Can Congress Regulate Firearms?: Printz V. United States And The Intersection Of The Commerce Clause, The Tenth Amendment, And The Second Amendment, Kevin T. Streit

William & Mary Bill of Rights Journal

The recent U.S. Supreme Court decision in Printz v. United States restricted congressional legislative authority by striking down the interim provisions of the Brady Handgun Violence Prevention Act. The decision followed United States v. Lopez, in which the Court struck down the Gun-Free School Zones Act. In both cases, the Court restricted the congressional Commerce Power and renewed the strength of the Tenth Amendment in protecting states' rights from federal intrusion.

Because both cases involved statutes regulating firearms, however, they also raised important questions regarding the Second Amendment. Following the Lopez decision, some commentators argued that both the Tenth and …

The Sound Of Silence: The Supreme Court And The Second Amendment - A Response To Professor Kopel, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Until now, the revisionists have based their argument entirely on claims about the intentions of those who framed and ratified the Second Amendment. Revisionists have heretofore conceded that the courts have rejected their approach; indeed, the basic structure of the revisionist argument has been: The Founders intended an individual right to firearm possession; the courts (abetted by the academy) have all but nullified the Amendment by treating it as a mere safeguard for militia; the courts should recognize their error and strike down gun control laws.

With his latest contribution, David Kopel seeks to open a second front in the …

The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda

St. Mary's Law Journal

Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …