Second Amendment Commons^™

The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West

Popular Media

This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.

Recent Developments: The Constitutionality Of Regulations And Bans On The Second Amendment, Trevor Shaw

University of Baltimore Journal of Land and Development

The 9th Circuit decided to overturn a local California county zoning ordinance that was infringing upon a citizen’s Second Amendment right to own and operate a gun store. The ordinance stated that any store that sold firearms or operated as a firing range needed to be 500 feet away from the front door of the shop to the front door of school zones, government buildings, residential areas, and other stores that sell firearms. The owners of Valley Guns & Ammo found a place located in Alameda County, just outside the radius and began working on acquiring the property and renovating …

How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta

UIC John Marshall Journal of Information Technology & Privacy Law

Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.

On The Effects And History Of Stand-Your-Ground Laws, E. Dimitri Hasandras

Criminal Law Practitioner

No abstract provided.

Guns, Speech, And Breathing Space: Response To Andrew Jay Mcclurg's The Second Amendment Right To Be Negligent, Allen K. Rostron

Faculty Works

No abstract provided.

The Second Amendment In The 21st Century: An In-Depth Examination Of Firearm Freedoms And Their Relationship With Public Safety And Interests, Mathew E. Klein

Honors Undergraduate Theses

One of the most hotly contested topics in the world today revolves around an object. An object that has caused debate among all members of society both in the United States, and all across the globe. But how could an object, something that on its own does nothing, spur such heated argument? This object is the evolution of invention and the product of fighting amongst each other. This object changes the way people think and how they act. This object can be used for both good and bad. This object is a gun.

This research project will explore the Second …

The Second Amendment On Campus, Allen K. Rostron

Faculty Works

No abstract provided.

Firearm Legislation And Firearm Mortality In The Usa: A Cross-Sectional, State-Level Study, Bindu Kalesan, Matthew Mobily, Olivia Keiser, Jeffrey Fagan

Faculty Scholarship

In an effort to reduce firearm mortality rates in the USA, US states have enacted a range of firearm laws to either strengthen or deregulate the existing main federal gun control law, the Brady Law. We set out to determine the independent association of different firearm laws with overall firearm mortality, homicide firearm mortality, and suicide firearm mortality across all US states. We also projected the potential reduction of firearm mortality if the three most strongly associated firearm laws were enacted at the federal level.

What Is Gun Control? Direct Burdens Incidental Burdens, And The Boundaries Of The Second Amendment, Joseph Blocher, Darrell A. H. Miller

Faculty Scholarship

Particularly in places with few recognizable gun control laws, “gun neutral” civil and criminal rules are an important but often-unnoticed basis for the legal regulation of guns. The burdens that these rules impose on the keeping and bearing of arms are at times significant, but they are also incidental, which raises hard questions about the boundaries between constitutional law, regulation, and legally enforceable private ordering. Does the Second Amendment apply to civil suits for trespass, negligence, and nuisance? Does the Amendment cover gun-neutral laws of general applicability like assault and disturbing the peace? In the course of addressing these practical …

Incidental Burdens And The Nature Of Judicial Review, Michael C. Dorf

Cornell Law Faculty Publications

Activists and scholars contesting the meaning of the Second Amendment argue over a startling number of its twenty-seven words: "regulated," "Militia," "State," "people," "keep," "bear," and "Arms." Heller and McDonald sought to resolve most of these debates, but before Professors Joseph Blocher and Darrell Miller, no one noticed the potential for contestation over the Second Amendment's final word: "infringed." When does the application of a gun-neutral law infringe the right? In that deceptively simple question lurk important future debates over the Second Amendment, the Constitution, and law itself.

The Law And Politics Of Firearms Regulation In Reconstruction Texas, Mark Anthony Frassetto

Texas A&M Law Review

In District of Columbia v. Heller, Justice Scalia instructed that the historical understanding of the right to keep and bear arms should inform our present day understanding of the Second Amendment. This means an accurate accounting of the history of firearms regulation is essential for understanding the scope of the Second Amendment. The current state of scholarship on Second Amendment history paints post-Civil War firearms regulations as racist efforts by Southern states to prevent blacks from defending themselves against racial violence. This reading distorts the historical record by ignoring the actors responsible for numerous gun laws across the former Confederacy. …

Panel 1: Policy Considerations & Industry Perspectives On 3d Printing, Greg Boyd, Martin Galese, John Knapp, Natalia Krasnodebska, Michael Weinberg, Aaron Wright

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Guns, Gender, Geography: Exploring Reasons For Gun Ownership, Lauren N. Kadet

College of Graduate Studies: Theses & Dissertations

This study was aimed to depict patterns of gun ownership in the United States and to outline the reasons for gun ownership and the influential variables associated with people’s reasons for owning handguns and long guns. This study used data derived from the 2004 National Firearm Survey to examine how respondents’ geographic region of residency, gender, race, age, rural location and education level influenced the likelihood of, and reasons for owning a firearm. The findings from this study suggest that being a male, living in the south and participants’ age was significant in determining the likelihood of participants owning a …

Lethality, Public Carry, And Adequate Alternatives, Joseph Blocher, Darrell A. H. Miller

Faculty Scholarship

This Article explores the relationship between lethality and the right to bear arms, and considers how that relationship might be shaped by the availability of non-lethal alternative weapons. Prior scholarship has asked whether the Second Amendment includes a right to carry non-lethal “Arms.” An important set of related questions remains: does the Second Amendment necessarily include a right to arm oneself publicly with lethal force, if non-lethal alternatives are available? And how should one evaluate the adequacy of those alternatives?

Second Amendment Traditionalism And Desuetude, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Trending @ Rwu Law: Carl Bogus's Post: 'Should We Be Afraid? Absolutely. But Not Only Of Crazed Jihadists...', Carl Bogus

Law School Blogs

No abstract provided.

The Second Amendment Is Not Absolute, Sonja R. West

Popular Media

This article written at Slate.com on December 7, 2015 explains that like many other constitutional rights, the right to possess firearms in the 2nd Amendment, may be regulated by Congress.

Hunting And The Second Amendment, Joseph Blocher

Notre Dame Law Review

Debates about the meaning and scope of the Second Amendment have traditionally focused on whether it protects the keeping and bearing of arms for self-defense, prevention of tyranny, maintenance of the militia, or some combination of those three things. But roughly half of American gun-owners identify hunting or sport shooting as their primary reason for owning a gun. And while much public rhetoric suggests that these activities fall within the scope of the Second Amendment, some of the most committed gun-rights advocates insist that the Amendment “ain’t about hunting” and that, no matter their heritage and value, such activities are …

Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction, Adam Riff

Cardozo Law Review

No abstract provided.

The Living Constitution And The Second Amendment: Poor History, False Originalism, And A Very Confused Court, Paul Finkelman

Cardozo Law Review

No abstract provided.

Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment, Martin S. Flaherty

Cardozo Law Review

No abstract provided.

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …

The Right To Remain Armed, Jeffrey Bellin

Faculty Publications

The laws governing gun possession are changing rapidly. In the past two years, federal courts have wielded a revitalized Second Amendment to invalidate longstanding gun carrying restrictions in Chicago, the District of Columbia, and throughout California. Invoking similar Second Amendment themes, legislators across the country have steadily deregulated public gun carrying, preempting municipal gun control ordinances in cities like Philadelphia, Atlanta, and Cleveland.

These changes to substantive gun laws reverberate through the constitutional criminal procedure framework. By making it lawful for citizens to carry guns even in crowded urban areas, enhanced Second Amendment rights trigger Fourth Amendment protections that could …

End The Popularity Contest: A Proposal For Second Amendment 'Type Of Weapon' Analysis, Cody Jacobs

Faculty Scholarship

The Supreme Court’s recognition of an individual Second Amendment right to bear arms for self-defense raised many questions about the scope and content of that right. One issue that will become increasingly important in the years ahead, but that has received relatively little attention from scholars and courts, is the question of which “arms” are protected by that right. The Supreme Court’s decision in District of Columbia v. Heller purports to lay out a test that asks whether the weapon at issue is in “common use” at the time the case is decided. This article critiques that test, arguing that …

A Reason To Resist: The Use Of Deadly Force In Aiding Victims Of Unlawful Police Aggression, Kindaka Sanders

San Diego Law Review

Some two and a half years before the fatal shooting of Michael Brown by a Ferguson, Missouri Police Officer, the Indiana State Legislature enacted Indiana Code § 35-41-3-2 authorizing the use of force, including deadly force against public servants acting unlawfully against the persons or property of Indiana citizens. The statute, passed in March of 2012, is the first of its kind. It was passed in reaction to the Indiana Supreme Court's decision in Barnes v. State, which abolished the common law right to resist an unlawful arrest. Gun rights groups, most notably the National Rifle Association (NRA), responded in …

Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika

Touro Law Review

No abstract provided.

Let’S Not Forget: We Have A State Interest To Promote, Elias Arroyo

Touro Law Review

No abstract provided.

Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold

Brigham Young University Education and Law Journal

No abstract provided.

Clearing The Smoke From The Right To Bear Arms And The Second Amendment, Anthony J. Dennis

Akron Law Review

Despite raging battles in Congress, in the press and in state legislatures over gun control, the Second Amendment of the United States Constitution, the very source of every U.S. citizen's right to possess firearms, is one of the most ignored and overlooked parts of the American Bill of Rights. Much of what has been said about the Second Amendment is hostile to the very rights so plainly guaranteed in that provision. Law school constitutional law classes frequently study the First Amendment, "close their eyes" to the Second and move immediately on to study the Fourth Amendment. Some have speculated that …

"Your Weapons, You Will Not Need Them." Comment On The Supreme Court's Sixty-Year Silence On The Right To Keep And Bear Arms, Anthony Gallia

Akron Law Review

Interpretation of the Second Amendment can be divided into two different schools of thought; individual rights theorists, and collective rights theorists. Individual rights theorists argue that the Second Amendment creates a right in every person to keep and bear arms. Collective rights theorists advance the position that the Second Amendment creates a collective right in the people as a whole. The purpose of this comment is to emphasize the controversy surrounding the Second Amendment and the need for guidance on the issue by the United States Supreme Court. Part II of this article discusses the text of the Second Amendment …