Second Amendment Commons^™

Guns And Commerce In Dialectical Perspective, Thomas Lundmark

Brigham Young University Journal of Public Law

No abstract provided.

Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.

William & Mary Law Review

No abstract provided.

Finding The Right Target, Richard C. Reuben

Faculty Publications

It is no surprise that the most significant handgun control law passed by Congress has produced a potential blockbuster case before the U.S. Supreme Court. After all, intense debate has been going on for years over the extent of the right to bear arms under

the Second Amendment. Congress took more than a decade to pass the Brady Handgun Control Act of 1993, 18 U.S.C. § 922(s), named for James Brady, the press secretary to President Reagan who was wounded in a 1981 assassination attempt. But while a pair of cases challenging the Brady Act might have been expected to …

Communitarians, Neorepublicans, And Guns: Assessing The Case For Firearms Prohibition, David B. Kopel, Christopher C. Little

Maryland Law Review

No abstract provided.

Taking A Second Look At The Second Amendment And Modem Gun Control Laws, David E. Johnson

Kentucky Law Journal

No abstract provided.

Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson

Faculty Scholarship

In this article, Professor Nicholas J. Johnson explores the parallels between the right of armed self-defense and the woman's right to abortion. Professor Johnson demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right to armed self-defense. Professor Johnson uncovers common ground between the gun and abortion rights - two rights that have come to symbolize society's deepest social and cultural divisions - divisions that prompt many to embrace the abortion right while summarily rejecting the gun right. Unreflective disparagement of the gun right, he argues, threatens the vitality of the abortion …

Double-Barreled Prosecution: Linking Multiple Section 924(C) Violations To A Single Predicate Offense, Christopher L. Robbins

Vanderbilt Law Review

Violent crime involving the use of firearms has risen dramatically during the past few decades. Recent congressional efforts to address this problem have focused almost exclusively on gun control as the appropriate solution, leading to the imposition of waiting periods for the purchase of firearms and complete bans on the production of certain assault weapons. Attempting to remove firearms from the hands of criminals, however, is not an exclusive remedy.

One of the natural companion measures to gun control is the imposition of severe sentences for the use of firearms during the commission of violent felonies. Congress adopted this approach …

The Militia Movement And Second Amendment Revolution: Conjuring With The People, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson

Faculty Scholarship

Rights and power in modern American constitutionalism are conceptually interdependent: "We have no way of thinking about constitutional rights independent of what powers it would be prudent or desirable for government to have." In an era where substantive boundaries on federal power seem ephemeral, this suggests that what we call rights may be primarily fair weather or illusory barriers to the exercise of power.From a majoritarian perspective, the shifting boundary between rights and powers, and the capacity of power to consume rights, may be unproblematic and even attractive. If the exercise of plenary power reflects majority will, then this exercise …

The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty

UIC Law Review

No abstract provided.

United States V. Dalton: Forcing Prosecutors To Draw Their Weapons From A Different Holster, Benton Larsen

Brigham Young University Journal of Public Law

No abstract provided.

The Second Amendment And The Personal Right To Arms, William W. Van Alstyne

Faculty Publications

For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …

Rationing Firearms Purchases And The Right To Keep Arms: Reflections On The Bills Of Rights Of Virginia, West Virginia, And The United States, Stephen P. Halbrook

West Virginia Law Review

No abstract provided.

Handgun Article, Lewis F. Powell Jr.

Powell Writings

No abstract provided.

Gun Control Legislation And The Intent Of The Second Amendment: To What Extent Is There An Individual Right To Keep And Bear Arms, Jay R. Wagner

Villanova Law Review (1956 - )

No abstract provided.

Beyond The Second Amendment: An Individual Right To Arms Viewed Through The Ninth Amendment , Nicholas J. Johnson

Faculty Scholarship

Traditionally, the debate over the individual right to possess firearms has focused on the origins and meaning of the Second Amendment. Some constitutional scholars have dismissed the idea that the Second Amendment protects an individual right to arms. They argue that it only prevents the federal government from disarming states. Other scholars, focusing on the language of the amendment and its historical context, conclude that it does indeed establish an individual right to firearms. This article examines whether, even absent the Second Amendment, the Constitution restrains government from taking away what may be individuals' best tools of self-defense. The foothold …

"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 Right To Arm Bears: Activists' Protests Against Hunting, Aileen M. Ugalde

University of Miami Law Review

No abstract provided.

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.

Civic Republicanism And The Citizen Militia: The Terrifying Second Amendment, David C. Williams

Articles by Maurer Faculty

No abstract provided.

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

Morality Or Sittlichkeit: Toward A Post-Hegelian Solution, Jean L. Cohen

Cardozo Law Review

No abstract provided.

State V. Buckner And The Right To Keep And Bear Arms In West Virginia, Michael O. Callaghan

West Virginia Law Review

No abstract provided.

The Right Of Who To Bear What, When, And Where--West Virginia Firearms Law V. The Right-To-Bear-Arms Amendment, James W. Mcneely

West Virginia Law Review

No abstract provided.

Reconsidering The Second Amendment: Constitutional Protection For A Right Of Security, 9 Hamline L. Rev. 69 (1986), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Two New Books On Guns, Franklin E. Zimring

Michigan Law Review

A Review of Under The Gun: Weapons, Crime and Violence in America by James D. Wright, Peter H. Rossi and Kathleen Daly and Firearms and Violence: Issues of Public Policy edited by Don B. Kates, Jr.

Handgun Prohibition And The Original Meaning Of The Second Amendment, Don B. Kates Jr.

Michigan Law Review

One of the purposes of this Article will be to sketch out at least some of the very substantial limitations on the right of individuals to keep and bear arms suggested by the historical evidence. First, however, the controversy between the individual right and the exclusively state's right views must be resolved. The evidence to be examined must include: the literal language of the second amendment; the history of its proposal and ratification; the philosophical and historical background that gave rise to the Founders' belief in "the necessity of an armed populace to effect popular sovereignty"; and the contemporary understanding …

The Right To Bear Arms And Handgun Prohibition: A Fundamental Rights Analysis, Sidney R. Barrett Jr.

North Carolina Central Law Review

No abstract provided.

Handgun Control: Constitutional Or Unconstitutional - A Reply To Mayor Jackson, David I. Caplan

North Carolina Central Law Review

No abstract provided.

Handgun Control: Constitutional And Crtically Needed, Maynard Holbrook Jackson Jr.

North Carolina Central Law Review

No abstract provided.