Militias, Muskets, And Machine Guns? The Third Circuit Furthers Inapplicability Of Second Amendment Protection To Machine Gun Possession In United States V. One Palmetto State Armory, 2017 Villanova University Charles Widger School of Law
Militias, Muskets, And Machine Guns? The Third Circuit Furthers Inapplicability Of Second Amendment Protection To Machine Gun Possession In United States V. One Palmetto State Armory, Peter J. Adonizio Jr.
Villanova Law Review
No abstract provided.
Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, 2017 University of Massachusetts School of Law
Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, Paolo G. Corso
University of Massachusetts Law Review
As a division of the Federal Bureau of Investigation’s National Security Branch, the Terrorist Screening Center maintains the Terrorist Watchlist, a central database for identifying individuals known or suspected to engage in terrorism or terrorist activities. Subsumed under the Terrorist Watchlist is the No Fly List, which prohibits individuals from boarding commercial aircrafts in and out of the United States. Placement on either list presumes named individuals as a potential threat to U.S. national security, yet there is no restriction preventing them from legally purchasing firearms. Following a mass shooting at an Orlando nightclub in June of 2016, which was …
Federalism Implications Of Non-Recognition Of Licensure Reciprocity Under The Gun-Free School Zones Act, 2017 University of Missouri School of Law
Federalism Implications Of Non-Recognition Of Licensure Reciprocity Under The Gun-Free School Zones Act, Royce De R. Barondes
Faculty Publications
The Gun-Free School Zones Act (GFSZA) criminalizes firearms possession within 1000 feet of an elementary or secondary school in a State unless the possessor "is licensed to do so by the State in which the school zone is located" (or one of a few other exceptions applies). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has in correspondence opined licensure through reciprocity does not make one so licensed by the State.
School zones covered by the act are ubiquitous. Were the ATF's interpretation adopted, large swaths of many States' non-rural areas would be prohibited zones for non-residents who carry …
The Second Amendment & Private Law, 2017 Boston University School of Law
The Second Amendment & Private Law, Cody Jacobs
Faculty Scholarship
The Second Amendment, like other federal constitutional rights, is a restriction on government power. But what role does the Second Amendment have to play—if any—when a private party seeks to limit the exercise of Second Amendment rights by invoking private law causes of action? Private law—specifically, the law of torts, contracts, and property—has often been impacted by constitutional considerations, though in seemingly inconsistent ways. The First Amendment places limitations on defamation actions and other related torts, and also prevents courts from entering injunctions that could be classified as prior restraints. On the other hand, the First Amendment plays almost no …
The Second Amendment And Gun Control, 2017 Selected Works
The Second Amendment And Gun Control, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
“Time Enough” For Scrutiny: The Second Amendment, Mental Health, And The Case For Intermediate Scrutiny, 2017 William & Mary Law School
“Time Enough” For Scrutiny: The Second Amendment, Mental Health, And The Case For Intermediate Scrutiny, Benjamin A. Ellis
William & Mary Bill of Rights Journal
No abstract provided.
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, 2017 University of Miami Law School
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 …
The “True Man” And His Gun: On The Masculine Mystique Of Second Amendment Jurisprudence, 2017 William & Mary Law School
The “True Man” And His Gun: On The Masculine Mystique Of Second Amendment Jurisprudence, C. D. Christensen
William & Mary Journal of Race, Gender, and Social Justice
The Supreme Court’s recent Second Amendment jurisprudence raises serious normative questions for the use of self-defense with a firearm. This jurisprudence also implicates our prevailing social norms with respect to socially constructed and structurally pervasive gender roles. I argue that a peculiarly American conception of masculinity underpins the judicial construction of the Second Amendment’s core purpose as guaranteeing the right to armed defense of one’s self and one’s home. The Court’s recent Second Amendment rulings create an individual protection for gun ownership and incorporate the same against the States. But the Court’s reasoning entangles this protection with an implicit valuation …
Classrooms & Curriculum, 2017 Collin College
Classrooms & Curriculum, Devin Walz, Anh Doan, Cathy Tran, Loraina Galarza
Collin College Undergraduate Interdisciplinary Student Research Conference
Panel Chair: Lisa Roy-Davis
Papers Presented:
"Should the State of Texas Allow Public Universities and Colleges to Permit Guns on Campuses?" By Devin Walz
"Pets in the Elementary Classroom" by Anh Doan
"Technology Case Study of K-12 Students" by Cathy Tran
Abstract: Technology is an exponentially revolutionizing tool that has pushed all aspects of society to adapt and grow in the time known as the “Information Age”. The way that humans process information, and the speed at which humans can process information, with technology allows humans to grow more efficiently and effectively. Technology is continually designed to become more optimal …
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, 2017 University of South Carolina
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate
South Carolina Law Review
No abstract provided.
Kolbe V. Hogan: Hewing To Heller And Taking Aim At A Standard Of Strict Scrutiny For Comprehensive Firearms Legislation, 2017 University of Maryland Francis King Carey School of Law
Kolbe V. Hogan: Hewing To Heller And Taking Aim At A Standard Of Strict Scrutiny For Comprehensive Firearms Legislation, Brett S. Turlington
Maryland Law Review
No abstract provided.
Peruta V. County Of San Diego: An Individual Right To Self-Defense Outside The Home And The Application Of Strict Scrutiny To Second Amendment Challenges, 2017 Golden Gate University School of Law
Peruta V. County Of San Diego: An Individual Right To Self-Defense Outside The Home And The Application Of Strict Scrutiny To Second Amendment Challenges, Kevin Ballard
Golden Gate University Law Review
This Note will begin by examining the majority’s analysis in Heller. The Heller case, through historical interpretation, analyzed the language of the Second Amendment and settled a long-held dispute about the meaning of its actual language. This same historical analysis was also significant in the Supreme Court’s examination of McDonald, which affirmatively applied the Second Amendment to the States. Peruta used the same methodology as Heller and McDonald.
Next, this Note will argue that, based on the historical analysis in Heller, McDonald, and Peruta, courts addressing the Second Amendment should apply strict scrutiny review …
Gun Control Through Tort Law, 2017 University of Kentucky College of Law
Gun Control Through Tort Law, Richard C. Ausness
Law Faculty Scholarly Articles
I have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate of firearms regulation, argues that owners and commercial sellers of firearms who negligently fail to secure them against theft should be held liable when persons are killed or injured by firearms used in the commission of a crime.
In the past, believing that existing federal and state laws were inadequate to halt the spread of gun-related deaths and injuries, proponents of stricter gun control measures proposed a number of tort …
The Right To Bear Arms... And Lesson Plans, 2017 Florida A&M University College of Law
The Right To Bear Arms... And Lesson Plans, Ryan Saboff
Florida A & M University Law Review
This Article will argue that due to the unique characteristics of mass school shootings, including their swiftness, unpredictability, and at times advanced planning and preparation, that American society can no longer simply rely on law enforcement to effectively stop or even prevent future acts of mass violence from occurring on our schools. Rather, legally licensed and armed teachers and school personnel are actually the most effective deterrent to mass school shootings. The primary focus of this Article will be schools kindergarten through twelfth grade (K-12), as they comprise of the majority of mass shootings in the United States and typically …
Creating Precedents Through Words And Deeds, 2017 Illinois Institute of Technology
Creating Precedents Through Words And Deeds, Harold Krent
All Faculty Scholarship
Book review: Untrodden ground: how presidents interpret the Constitution. By Harold H. Bruff. Chicago: University of Chicago Press, 2015. 557 pages. Reviewed by Harold J. Krent
Firearms In The Family, 2017 University of Colorado Law School
Firearms In The Family, Carolyn B. Ramsey
Publications
This Article considers firearms prohibitions for domestic violence offenders, in light of recent Supreme Court decisions and the larger, national debate about gun control. Unlike other scholarship in the area, it confronts the costs of ratcheting up the scope and enforcement of such firearms bans and argues that the politicization of safety has come at the expense of a sound approach to gun control in the context of intimate-partner abuse. In doing so, it expands scholarly arguments against mandatory, one-size-fits-all criminal justice responses to domestic violence in a direction that other critics have been reluctant to go, perhaps because of …
Regulating Gun Rentals, 2017 American University Washington College of Law
Regulating Gun Rentals, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
A machine gun overpowers a nine-year-old girl, erratically spraying bullets and accidentally killing her instructor; a perturbed mother slays her son and then takes her own life; a convicted felon circumvents federal prohibitions to access a firearm to commit suicide; and, perhaps most notably, Navy SEAL war veteran Chris Kyle, focus of the movie “American Sniper,” is murdered while attempting to help another veteran recover from post-traumatic stress disorder. We have all seen the headlines, but we have largely ignored the source of this heartbreak. The ramifications of these examples are not merely cinematic, but also involve families suffering from …
Preface: The Second Generation Of Second Amendment Law & Policy, 2017 Southern Methodist University, Dedman School of Law
Preface: The Second Generation Of Second Amendment Law & Policy, Eric M. Ruben, Darrell A. H. Miller
Faculty Journal Articles and Book Chapters
No abstract provided.
Firepower To The People: Gun Rights & Self-Defense To Curb Police Misconduct, 2017 University of Pittsburgh School of Law
Firepower To The People: Gun Rights & Self-Defense To Curb Police Misconduct, Spearit
Articles
This Article represents a polemic against the most harmful aspects of the policing status quo. At its core, the work asserts the right of civilians to defend against unlawful deadly police conduct. It argues that existing gun and self-defense laws provide a practical and principled basis for curbing police misconduct. It also examines legislative trends in gun laws to show that much of most recent liberalizing of gun rights is a direct response to self-defense concerns sparked by mass public shootings. The expansion of gun rights and self-defense comes at a time when ongoing police killings of Black civilians menace …
Introducing Sts Scholarship To The Gun Policy Debate In United States Society, 2017 Scripps College
Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner
Scripps Senior Theses
The following thesis will merge the field of legal studies with the field
of Science, Technology, and Society, and will focus on issues surrounding the
gun control debate. The goal is to ultimately bring new light to this hot-
button legal topic through the use of STS scholarship. STS tools and theories,
which have previously been absent from most gun control discussions, have
much to contribute to the discourse in terms of motivating the need for gun
control, fully understanding the user-gun relationship, breaking down
misconceptions about the technology and its role in society, and further
understanding the complex societal …