Second Amendment Commons^™

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.

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.

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 …

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.

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

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 …

A Preliminary Consideration Of Issues Raised In The Firearms Sellers Immunity Bill, Frank J. Vandall

Akron Law Review

Snipings, mass-murders by disgruntled employees, children shooting children, and a vast number of spousal murders are everyday news across the country. In the numerous lawsuits brought by individual victims and over 30 cities, it has been alleged that gun manufacturers and sellers have an important role to play in designing guns to be safer and in closely monitoring gun sales. The courts are weighing these issues and have dismissed a large number of individual and city suits for various reasons. As the Senate debates the Bill (S. 659) that shields those in the gun trade from liability, several issues need …