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Second Amendment Commons

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Articles 1 - 9 of 9

Full-Text Articles in Second Amendment

"Assault Weapon" Lethality, E. Gregory Wallace Jan 2020

"Assault Weapon" Lethality, E. Gregory Wallace

Scholarly Works

No abstract provided.


Heller And “Assault Weapons”, David Kopel, Jonathan Lowy, Allen Rostron Feb 2018

Heller And “Assault Weapons”, David Kopel, Jonathan Lowy, Allen Rostron

Law Review Symposia

A discussion of how Heller has been applied to “assault weapon” bans, with special attention given to the Fourth Circuit’s en banc decision in Kolbe v. Hogan, which held that the popular AR-15 rifle and other “assault weapons” are not protected arms under the Second Amendment.

Moderated by Professor E. Gregory Wallace.


Heller And Public Carry Restrictions, Brannon Denning (Moderator), Joseph Blocher, Jonathan Lowy, George Mocsary, Glenn Reynolds Feb 2018

Heller And Public Carry Restrictions, Brannon Denning (Moderator), Joseph Blocher, Jonathan Lowy, George Mocsary, Glenn Reynolds

Law Review Symposia

A discussion of how lower courts have applied Heller to various restrictions on the carrying of firearms in public places, with special attention given to the District of Columbia Circuit’s decision in Wrenn v. District of Columbia, the Ninth Circuit’s en banc decision in Peruta v. County of San Diego, and the Fourth Circuit’s decision in Woollard v. Gallagher.


Heller In The Lower Courts, Brannon Denning, Dennis Henigan, David Kopel, Hannah Shearer Feb 2018

Heller In The Lower Courts, Brannon Denning, Dennis Henigan, David Kopel, Hannah Shearer

Law Review Symposia

A discussion of how federal circuit courts have applied Heller, with a focus on lower court views of Heller’s holding and scope, the extent to which Heller provides a general framework for constitutional analysis in Second Amendment cases, what guidance Heller provides for resolving cases involving the right to arms in public places, the development of analytical frameworks beyond Heller, and whether lower courts have given proper deference to Heller in their Second Amendment decisions.

Moderated by Professor Sarah Ludington.


Heller: Past, Present, And Future, Joseph Blotcher, Alan Gura, Dennis Henigan, Glenn Reynolds Feb 2018

Heller: Past, Present, And Future, Joseph Blotcher, Alan Gura, Dennis Henigan, Glenn Reynolds

Law Review Symposia

A wide-ranging discussion of the Supreme Court’s 2008 decision in District of Columbia v. Heller recognizing the individual right to keep and bear arms, whether that decision has been applied properly in the lower courts, and what the Supreme Court is likely to do with the constitutional right to arms in the future.


Style, Substance, And The Right To Keep And Bear Assault Weapons, Allen Rostron Jan 2018

Style, Substance, And The Right To Keep And Bear Assault Weapons, Allen Rostron

Campbell Law Review

Assault weapons have long been a subject of intense controversy. The debate has intensified in recent years after a series of mass shootings in which perpetrators used AR-15 rifles or other military-style weapons, such as the shootings in Newtown, Aurora, San Bernardino, Orlando, Las Vegas, Sutherland Springs, and Parkland While the federal assault weapon ban has expired, some state legislatures have enacted bans. Critics complain that these laws irrationally condemn certain types of firearms simply because they have a military appearance. Gun control advocates argue that these laws are not just about superficial appearances and that the banned weapons are …


Heller After Ten Years, E. Gregory Wallace Jan 2018

Heller After Ten Years, E. Gregory Wallace

Campbell Law Review

No abstract provided.


"Assault Weapon" Myths, E. Gregory Wallace Jan 2018

"Assault Weapon" Myths, E. Gregory Wallace

Scholarly Works

No abstract provided.


The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regionalism, Mark Anthony Frassetto Jan 2018

The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regionalism, Mark Anthony Frassetto

Campbell Law Review

In the aftermath of District of Columbia v. Heller, a prominent issue remains unresolved: whether, or to what extent, the Second Amendment protects an individual right to keep and bear arms outside of the home. This Article explores this unresolved issue through a newly uncovered source, the congressional debates surrounding the District of Columbia's public carry law in the 1890s.

These debates provide new insights into the understanding of the right to keep and bear arms in the years following the drafting and ratification of the Fourteenth Amendment. Two conclusions can be drawn from the debate. First, there was no …