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Articles 1 - 16 of 16
Full-Text Articles in Second Amendment
Revisiting “Of Arms And The Militia: Gun Regulation By Legislatively Defining ‘Ordinary Military Equipment’”, Edward J. Curtis ,Jr.
Revisiting “Of Arms And The Militia: Gun Regulation By Legislatively Defining ‘Ordinary Military Equipment’”, Edward J. Curtis ,Jr.
Touro Law Review
In 2021, I published an article arguing that semi-automatic rifles and semi-automatic handguns, among other weapons, could be most effectively regulated by defining the “ordinary military equipment” that the states’ militia members were expected to produce in the event they were called to service. I based my argument on the rationale employed by the United States Supreme Court in its 1939 decision in United States v. Miller, which upheld the National Firearms Act of 1934.
When Rights Require Permission: The Discriminatory History Of Licensing Laws For Firearm Possession, Bob Barr, Joseph G.S. Greenlee
When Rights Require Permission: The Discriminatory History Of Licensing Laws For Firearm Possession, Bob Barr, Joseph G.S. Greenlee
Dickinson Law Review (2017-Present)
No abstract provided.
Just To Be Safe, Let’S Keep Ignoring What “Arms” Meant In 1791, Jack Thorlin
Just To Be Safe, Let’S Keep Ignoring What “Arms” Meant In 1791, Jack Thorlin
Dickinson Law Review (2017-Present)
The Supreme Court held in District of Columbia v. Heller and reaffirmed in New York State Rifle & Pistol Ass’n v. Bruen that “arms,” referred to in the Second Amendment, are common weapons useful for lawful purposes. The majority argued that militiamen fought with whatever common weapons they had on hand for civilian purposes, such as self-defense and hunting. Therefore, under Heller, only those weapons are covered by the Second Amendment. However, Heller did little to ground the “self-defense” theory of “arms” in original public meaning or even actual history. Commonality and lawful purpose have proved difficult for lower …
The Militia: A Definition And Litmus Test, Marcus Armstrong
The Militia: A Definition And Litmus Test, Marcus Armstrong
St. Mary's Law Journal
The United States Supreme Court, in its decision in Perpich v. Department of Defense, ruled that members of the National Guard are “troops” as that word is used in the Constitution. In doing so, the Court negated a long-standing, but obsolete, definition of the militia. However, this move away from an obsolete definition of the militia posed considerable difficulties that the Court was unable to rectify in its Perpich decision. In this Article, the author hopes to help rectify these difficulties by proposing four necessary characteristics that define the militia: first, the militia is a military force; second, the …
Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School Of Law
Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta
Catholic University Law Review
No abstract provided.
Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough
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.
The Second Amendment And Gun Control, Erwin Chemerinsky
The Second Amendment And Gun Control, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Parker V. District Of Columbia: Putting The "I'S" In Milita, Katharine E. Kohm
Parker V. District Of Columbia: Putting The "I'S" In Milita, Katharine E. Kohm
University of Richmond Law Review
No abstract provided.
Taking Aim At An American Myth, Paul Finkelman
Taking Aim At An American Myth, Paul Finkelman
Michigan Law Review
Every American had a musket hanging over his fireplace at night, and by his side during the day. Like Cincinnatus, time and again Americans dropped their plows to shoulder their arms, to fight the Indians, the French, the Indians, the British, the Indians, the Mexicans, the Indians yet again, and then, from 1861 to 1865, each other. American men were comfortable with guns; they needed them and wanted them. They felt at home in woods, in search of food, or in defense of their homesteads. It is a story as old as our first pulp novels and earliest movies. It …
What Does The Second Amendment Restrict? A Collective Rights Analysis, Carl Bogus
What Does The Second Amendment Restrict? A Collective Rights Analysis, Carl Bogus
Law Faculty Scholarship
No abstract provided.
The Hidden History Of The Second Amendment, Carl Bogus
The Hidden History Of The Second Amendment, Carl Bogus
Law Faculty Scholarship
No abstract provided.
"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon
"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon
Law Faculty Articles and Essays
The authors provide varying opinions on the Second Amendment.
The Privilege To Keep And Bear Arms: The Second Amendment And Its Interpretation, William A. Walker
The Privilege To Keep And Bear Arms: The Second Amendment And Its Interpretation, William A. Walker
Michigan Law Review
A Review of The Privilege to Keep and Bear Arms: The Second Amendment and Its Interpretation by Warren Freedman
The Right To Bear Arms, A Study In Judicial Misinterpretation, Stuart R. Hays
The Right To Bear Arms, A Study In Judicial Misinterpretation, Stuart R. Hays
William & Mary Law Review
No abstract provided.
An Act To Organize, Govern, And Discipline The Militia Of The State Of Maine. Passed March 21, 1821. With The Several Acts In Addition Thereto, Passed Feb. 11, 1823, And Feb. 25, 1824. Published Under The Direction Of The Adjutant General, Maine. Adjutant General
Maine Collection
An Act to Organize, Govern, and Discipline the Militia of the State of Maine. Passed March 21, 1821. With the several acts in addition thereto, passed Feb. 11, 1823, and Feb. 25, 1824. Published under the direction of the Adjutant General.