Second Amendment Commons^™

Survival Of The Social Interest: Redefining The Bruen Standard To Protect Women From Violence Through United States V. Rahimi, Katelyn M. Sundstrom

Lewis & Clark Law Review

This Note explores the intersection of gun rights and gender-based violence within the U.S. legal system. It delves into the pervasive issue of domestic violence and explores the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which rejected the use of “interest balancing” in evaluating gun regulations in favor of a purely historical and traditional approach. This shift placed significant legal scrutiny on existing firearm restrictions, including 18 U.S.C. § 922(g)(8), which prohibits individuals subject to domestic violence restraining orders from possessing firearms.

The analysis centers on the 2023 case United States v. Rahimi, …

Securing Gun Rights By Statute: The Right To Keep And Bear Arms Outside The Constitution, Jacob D. Charles

Michigan Law Review

In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution, like rights to bring guns on private property against an owner’s wishes and to carry a concealed firearm in public with no training or background check. This Article catalogues this set of expansive laws and critically assesses them. Unlike …

Fitting A Gun In A Circle–A How-To Guide: A Comprehensive Look At The Standard Of Review For Gun Regulations Under The Second Amendment, Beth Coplowitz

University of Miami Law Review

In District of Columbia v. Heller, the Supreme Court’s landmark Second Amendment case, the Court held that the right to bear arms is an individual right aimed at self-defense in the home. Two years later, McDonald v. City of Chicago extended this right to the states through the Fourteenth Amendment. However, lower courts were left with little guidance on what level of scrutiny to apply to gun regulations. As a result, courts have applied various levels of scrutiny including intermediate scrutiny, strict scrutiny, a two-step inquiry that leads to either intermediate or strict scrutiny, and an undue burden standard. Of …

Who Gets To Determine If You Need Self Defense?: Heller And Mcdonald's Application Outside The House, Elizabeth Beaman

Seton Hall Circuit Review

No abstract provided.

Ordered Gun Liberty: Rights With Responsibilities And Regulation, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

This Article focuses on the case of the Second Amendment right to bear arms and gun control to examine whether the Constitution has fostered a pathological rights culture of rights without responsibilities and regulation. We offer some preliminary thoughts about “ordered gun liberty” – the individual right to bear arms in relation to responsibilities, virtues, and regulation. This article addresses a conundrum concerning this right: there is no individual right that cries out more for governmental encouragement of responsibility concerning its exercise and for governmental regulation to promote safety and to protect from harm, and yet there is no individual …

The Second Amendment And Gun Control, Erwin Chemerinsky

Touro Law Review

No abstract provided.

The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman

Touro Law Review

No abstract provided.

A Second Amendment Quartet - Heller And Mcdonald In The Lower Courts - Introduction, Stephen Kiehl

Maryland Law Review

No abstract provided.

Decisional Minimalism And The Judicial Evaluation Of Gun Regulations, Richard C. Boldt

Maryland Law Review

No abstract provided.

The Woollard Decision And The Lessons Of The Trayvon Martin Tragedy, Dennis A. Henigan

Maryland Law Review

No abstract provided.

What A Balancing Test Will Show For Right-To-Carry Laws, John R. Lott Jr.

Maryland Law Review

No abstract provided.

Mcdonald’S Paradoxical Legacy: State Restrictions Of Non-Citizens’ Gun Rights, David S. Cohen

Maryland Law Review

No abstract provided.

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt

Faculty Scholarship

Say the words "gun registration" to many Americans – especially pro-gun Americans, including the 3.5 million-plus members of the National Rifle Association ("NRA") – and you are likely to hear about Adolf Hitler, Nazi gun laws, gun confiscation, and the Holocaust. More specifically, you are likely to hear that one of the first things that Hitler did when he seized power was to impose strict gun registration requirements that enabled him to identify gun owners and then to confiscate all guns, effectively disarming his opponents and paving the way for the genocide of the Jewish population. "German firearm laws and …