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- Constitutional Law; Constitutional Interpretation; Second Amendment; New York State Rifle & Pistol Association Inc. v. Bruen; Legal History (1)
- Firearm; guns; Second Amendment; Gunless; Pacifism; Anti-violence; Self-defense; Renunciation (1)
- Gun Law; Gun Regulation; Gun Control; Second Amendment; New York State Rifle & Pistol Association (1)
- Inc. v. Bruen; New York Penal Law; Sensitive Place Laws; Concealed Carry Improvement Act; Antonyuk v. Hochul; Sullivan Law; District of Columbia v. Heller; Concealed Carry; Training Requirements; Discriminatory Policing; Crime Enforcement; NYPD; Disproportionate Impact; Ambiguity (1)
- Lautenberg Amendment; Gun Control Act; domestic violence; domestic abuse; firearm; gun; Voisine v. United States; United States v. Castleman; Armed Career Criminal Act; ACCA; mens rea; reckless; misdemeanor; felony (1)
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Articles 1 - 8 of 8
Full-Text Articles in Second Amendment
Good Intentions With Bad Consequences: Post-Bruen Gun Legislation In New York, Michal E. Folczyk
Good Intentions With Bad Consequences: Post-Bruen Gun Legislation In New York, Michal E. Folczyk
Journal of Law and Policy
In response to a changing landscape for firearm licensing, New York State adopted training requirements for handgun ownership and sensitive place laws. Prior to obtaining a handgun license, training requirements ensure that applicants will be able to safely use a firearm. Upon obtaining a firearm license, sensitive place laws limit where a licensed individual may or may not bring their firearm, as a preventative measure. A violation of a sensitive place law could not only bring revocation of one’s license to carry a firearm, but also felony charges. Although well-intentioned by New York State, unintended consequences attach. This Note explores …
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith
Brooklyn Law Review
In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court overturned a century-old firearms licensing scheme that required people seeking concealed carry permits to demonstrate that they had a special need for self-defense. The Court did so by applying a “historical tradition” approach to determine the scope of Second Amendment protection. Under this approach, where the Second Amendment’s plain text covers an individual’s conduct, a law restricting that conduct must be consistent with “the Nation’s historical tradition of firearm regulation.” At first glance, the historical tradition approach may seem objective and easier than an empirical analysis …
Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza
Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza
Faculty Scholarship
No abstract provided.
The Second Amendment In A Carceral State, Alice Ristroph
The Second Amendment In A Carceral State, Alice Ristroph
Faculty Scholarship
No abstract provided.
Going Gunless, Dru Stevenson
Going Gunless, Dru Stevenson
Brooklyn Law Review
Firearm policy in the United States is subject to longstanding political gridlock. Up to now, most of the legal academic literature has focused on the constitutionality of various—or any—regulations regarding firearm possession, sales, or usage. This article inverts the problem and proposes a system for voluntary registration and certification of nonowners, those who want to waive or renounce their Second Amendment rights as a matter of personal conviction. The proposed system is analogous to both the registration of conscientious objectors during wartime conscriptions, and the newer suicide prevention laws whereby individuals can add their names to a do-not-sell list for …
Reciprocal Concealed Carry: The Constitutional Issues, William Araiza
Reciprocal Concealed Carry: The Constitutional Issues, William Araiza
Faculty Scholarship
No abstract provided.
The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan
The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan
Brooklyn Law Review
Few areas of the law are as hotly debated as gun control, or as universally condemned as domestic violence – and the Supreme Court’s decisions on the Lautenberg Amendment address both. An amendment to the Gun Control Act, it prohibits persons convicted of a misdemeanor crime of domestic violence from owning a firearm. The amendment qualifies a predicate conviction as one that has a “force clause” as an element. In particular, while looking at the force in domestic violence, the Supreme Court has acknowledged that one must also look to context: a “squeeze of an arm” of an intimate partner …
Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza
Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza
Faculty Scholarship
No abstract provided.