Open Access. Powered by Scholars. Published by Universities.®

Second Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Second Amendment

Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough Nov 2013

Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt Jan 2013

Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt

Richmond Public Interest Law Review

This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the …


Federalism As A Preventive Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt Jan 2013

Federalism As A Preventive Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt

Law Student Publications

This comment will delve into the question of whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the Federal Government …


Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt Jan 2013

Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt

Richmond Journal of Law and the Public Interest

This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the …


"Gun Show Loophole" Bills: A Study Of Legislative Misdirection In 2009, Phillip Van Cleave Nov 2009

"Gun Show Loophole" Bills: A Study Of Legislative Misdirection In 2009, Phillip Van Cleave

Richmond Public Interest Law Review

In the wake of the Virginia Tech massacre in 2007, which left thirty-two students and faculty dead at the hands of a student armed with two handguns, gun-control organizations saw an opportunity to press their legislative agenda items forward with vigor. A host of gun-control bills were introduced in the 2008 and, to a lesser extent, the 2009 General Assembly sessions. For pro-gun groups, Virginia Tech's policy of not allowing any guns on campus was more proof that gun control only disarms good people. These groups argued that criminals, by definition, ignore the law and will simply get their guns …


Gun Show Loophole Bills: A Study Of Legislative Misdirection In 2009, Philip Van Cleave Jan 2009

Gun Show Loophole Bills: A Study Of Legislative Misdirection In 2009, Philip Van Cleave

Richmond Journal of Law and the Public Interest

In the wake of the Virginia Tech massacre in 2007, which left thirty-two students and faculty dead at the hands of a student armed with two handguns, gun-control organizations saw an opportunity to press their legislative agenda items forward with vigor. A host of gun-control bills were introduced in the 2008 and, to a lesser extent, the 2009 General Assembly sessions. For pro-gun groups, Virginia Tech's policy of not allowing any guns on campus was more proof that gun control only disarms good people. These groups argued that criminals, by definition, ignore the law and will simply get their guns …


A View Through The Gun Show Loophole, Andrew Goddard Jan 2009

A View Through The Gun Show Loophole, Andrew Goddard

Richmond Public Interest Law Review

The term "Gun Show Loophole" came about as a result of the passage of the Firearm Owners Protection Act of 19861 and the Brady Handgun Violence Prevention Act of 1993. These laws effectively created a dual standard for gun sales based on the federal license status of the seller. The Brady Act mandated that licensed gun dealers must conduct criminal background checks on potential buyers regardless of whether the sale takes place at the dealer's store or at a gun show, whereas the Firearm Owners Protection Act expressly exempted "persons making occasional sales or selling all or part of a …


A View Through The Gun Show Loophole, Andrew Goddard Jan 2009

A View Through The Gun Show Loophole, Andrew Goddard

Richmond Journal of Law and the Public Interest

The term "Gun Show Loophole" came about as a result of the passage of the Firearm Owners Protection Act of 19861 and the Brady Handgun Violence Prevention Act of 1993. These laws effectively created a dual standard for gun sales based on the federal license status of the seller. The Brady Act mandated that licensed gun dealers must conduct criminal background checks on potential buyers regardless of whether the sale takes place at the dealer's store or at a gun show, whereas the Firearm Owners Protection Act expressly exempted "persons making occasional sales or selling all or part of a …


Parker V. District Of Columbia: Putting The "I'S" In Milita, Katharine E. Kohm Jan 2008

Parker V. District Of Columbia: Putting The "I'S" In Milita, Katharine E. Kohm

University of Richmond Law Review

No abstract provided.


Lock & Load? The 2nd Amendment Arrives On Campus, Porcher L. Taylor Iii, Beth Anne Simonds Jan 2008

Lock & Load? The 2nd Amendment Arrives On Campus, Porcher L. Taylor Iii, Beth Anne Simonds

School of Professional and Continuing Studies Faculty Publications

Thanks to the U.S. Supreme Court’s watershed decision regarding the Second Amendment in June, state lawmakers, university policymakers and campus safety personnel nationwide face a conundrum that must be answered in a prudent way. The solution will greatly impact the daily lives of everyone on campus.


Small V. United States: Defining "Any" As A Subset Of "Any", Lee G. Lester Jan 2006

Small V. United States: Defining "Any" As A Subset Of "Any", Lee G. Lester

University of Richmond Law Review

"It shall be unlawful for any person.., who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year ... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition ...." Although this statute, 18 U.S.C. § 922(g)(1), was enacted to keep firearms out of the hands of persons not entitled to possess them because of their criminal backgrounds, the scope of this statute has been controversial. Specifically, the federal circuits have disagreed as to whether the phrase "any court" applies to foreign courts …


The Second Amendment: A Study Of Recent Trends, Michael T. O'Donnell Jan 1991

The Second Amendment: A Study Of Recent Trends, Michael T. O'Donnell

University of Richmond Law Review

The second amendment of the Constitution of the United States reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The interpretation of these twenty-seven words has generated considerable debate since they were first declared in force in 1791.2 Despite a growing argument over the true meaning of the amendment, the Supreme Court has been reluctant to provide a definitive interpretation of the second amendment and thus give it the recognition it merits.