Open Access. Powered by Scholars. Published by Universities.®

Second Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 376

Full-Text Articles in Second Amendment

Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick Oct 2019

Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick

Timothy Zick

No abstract provided.


Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian Sep 2019

Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian

Timothy Zick

No abstract provided.


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Good Guys, Ban Guys And Gun Control, Nathan B. Oman Sep 2019

Good Guys, Ban Guys And Gun Control, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Right To Remain Armed, Jeffrey Bellin Sep 2019

The Right To Remain Armed, Jeffrey Bellin

Jeffrey Bellin

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 ...


Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody Sep 2019

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Carlisle Moody

No abstract provided.


Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short Sep 2019

Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short

Aric Short

merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a ...


Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander Sep 2019

Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander

Washington and Lee Law Review Online

In an effort to address gun violence, activists and victims’ families have filed lawsuits against the firearms industry seeking damage awards for violence committed by third party unrelated actors. Although Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005 intending to foreclose such lawsuits, since the time of the law’s passage, plaintiffs have brought claims against the firearms industry seeking refuge in an exception embedded in the statute. In a March, 2019 decision, Soto v. Bushmaster Firearms International, LLC, the Connecticut Supreme Court found that the Connecticut Unfair Trade Practices Act fell within an exception ...


Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick Aug 2019

Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick

Popular Media

No abstract provided.


Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian Aug 2019

Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian

Appellate Briefs

No abstract provided.


Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine Jun 2019

Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine

University of Massachusetts Law Review

The United States is in a state of conflict over the ability to obtain firearms as well as their use in highly publicized mass shootings. On December 14, 2012, Adam Lanza obtained several firearms that were lawfully owned by his mother, but were improperly secured. Lanza killed his mother that morning and then drove a short distance to the Sandy Hook Elementary School in Newtown, Connecticut where he murdered twenty-six people, many of whom were small children. Lanza eventually turned a gun on himself before being confronted by responding officers. Though mass shootings are often headlines in this country, the ...


Gun Control And The Color Of Law Jun 2019

Gun Control And The Color Of Law

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Reciprocal Concealed Carry: The Constitutional Issues, William Araiza Apr 2019

Reciprocal Concealed Carry: The Constitutional Issues, William Araiza

Faculty Scholarship

No abstract provided.


The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles Apr 2019

The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles

Cleveland State Law Review

This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical ...


When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos Apr 2019

When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos

West Virginia Law Review

No abstract provided.


Depriving Our Veterans Of Their Constitutional Rights: An Analysis Of The Department Of Veterans Affairs’ Practice Of Stripping Veterans Of Their Second Amendment Rights And Our Nation’S Response, Stacey-Rae Simcox Mar 2019

Depriving Our Veterans Of Their Constitutional Rights: An Analysis Of The Department Of Veterans Affairs’ Practice Of Stripping Veterans Of Their Second Amendment Rights And Our Nation’S Response, Stacey-Rae Simcox

Utah Law Review

This Article does not argue that veterans who have been adjudicated mentally incompetent by a court after a hearing or have been involuntarily committed to a mental health facility should be permitted to purchase or possess firearms. However, this Article does compare the VA’s determination of “financial incompetency” to other determinations of “mental defectiveness,” demonstrating that the VA’s standards do not rise to the level of “adjudicat[ing] [the veteran] a mental defective” in a manner sufficient for him to be stripped of his constitutional rights. This Article also argues that including veterans determined financially incompetent for VA ...


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms, Jack M. Amaro Feb 2019

"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms, Jack M. Amaro

Chicago-Kent Law Review

This note proposes a framework for analyzing the point at which discretionary restrictions on the concealed carry of firearms are unconstitutional under the Second Amendment, which, at its core, guarantees the responsible, law-abiding citizen at least the right to use a firearm for self-defense. Although the Supreme Court has yet to affirmatively answer whether and to what extent this right extends beyond the home, every state allows its residents to publicly carry a firearm in some form—be it open or concealed. But states have the power to limit who may exercise this right; and some states curtail it to ...


The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti Jan 2019

The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti

Pepperdine Law Review

Does the Second Amendment protect commerce in firearms? The simple answer is: yes, to an extent. An individual’s right to possess and use a gun for self-defense in the home is black-letter law after District of Columbia v. Heller. The right to possess and use a gun requires the ability to obtain a gun, ammunition, and firearms training. Therefore, gun dealers, servicers, and training providers receive some constitutional protection as facilitators of their customers’ Second Amendment rights. Whether these constitutional rights belong to firearms-related businesses independently of their customers is unclear. The scope of the Second Amendment matters as ...


What's Going Wrong In Nevada? A Comparative Analysis Of California And Nevada Gun Control Laws As They Relate To Gun Violence, Danielle Chami Jan 2019

What's Going Wrong In Nevada? A Comparative Analysis Of California And Nevada Gun Control Laws As They Relate To Gun Violence, Danielle Chami

CMC Senior Theses

The recent mass shooting on October 1, 2017 in Las Vegas, Nevada has been marked in history as the worst mass shooting in the United States to this point. The details of the shooting beg the question, is it coincidence that it happened in Nevada, a state with some of the least restrictive gun control laws? Mass shootings have become an unfortunate part of reality in the United States, but these are fairly uncommon occurrences. While they are horrific and deserve attention, daily gun violence cannot be forgotten. In the face of such a multitude of gun violence, what can ...


Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru Jan 2019

Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru

Williams Honors College, Honors Research Projects

While holding almost half of all civilian-owned guns around the globe and yet only 4.4 percent of the world’s population, the United States of America is heavily centered around gun rights due to the 2nd amendment in the U.S. Constitution. But gun violence is on the rise as deaths due to gun violence are at its highest rate in nearly 40 years. Americans are divided amongst themselves when it comes to how we must approach this issue. In order to reduce gun violence in the U.S., both Republican and Democrat leaders must come together and make ...


A Secret Weapon?: Applying Privacy Doctrine To The Second Amendment, Jody L. Madeira Jan 2019

A Secret Weapon?: Applying Privacy Doctrine To The Second Amendment, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.


Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short Jan 2019

Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short

Faculty Scholarship

merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a ...


Response: Rights As Trumps Of What?, Joseph Blocher Jan 2019

Response: Rights As Trumps Of What?, Joseph Blocher

Faculty Scholarship

No abstract provided.


Guns, Knives, And Swords: Policing A Heavily Armed Arizona, Shawn E. Fields Dec 2018

Guns, Knives, And Swords: Policing A Heavily Armed Arizona, Shawn E. Fields

Scholarly Works

Arizona is widely recognized as the most permissive state in the country for public weapons possession. In 2010, then-Governor Jan Brewer famously removed all permitting requirements for public concealed carry of firearms, making Arizona only the third "constitutional carry " state in the nation. Also in 2010, and to much less fanfare, Arizona became the first state to prohibit local governments from enacting any regulations restricting the sale or possession of knives of any kind, including swords, maces, and other exotic blades. Today, Arizona remains the only state in the country with virtually no restrictions on the public concealed carry of ...


Stop And Frisk In A Concealed Carry World, Shawn E. Fields Dec 2018

Stop And Frisk In A Concealed Carry World, Shawn E. Fields

Washington Law Review

This Article confronts the growing tension between increasingly permissive concealed carry firearms legislation and police authority to conduct investigative stops and protective frisks under Terry v. Ohio. For decades, courts upheld stops based on nothing more than an officer’s observation of public gun possession, on the assumption that anyone carrying a gun in public was doing so unlawfully. That assumption requires reexamination. All fifty states and the District of Columbia authorize their citizens to carry concealed weapons in public, and forty-two states impose little or no conditions on the exercise of this privilege. As a result, officers and courts ...


Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels Dec 2018

Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels

West Virginia Law Review

No abstract provided.


Contumacious Responses To Firearms Legislation (Leosa) Balancing Federalism Concerns, Royce De R. Barondes Oct 2018

Contumacious Responses To Firearms Legislation (Leosa) Balancing Federalism Concerns, Royce De R. Barondes

Faculty Publications

The Law Enforcement Officers Safety Act (LEOSA) is one of the handful of federal statutes that preempt state firearms regulation. It allows covered individuals (certain current and retired qualified law enforcement personnel) to possess firearms notwithstanding assorted state restrictions-to protect themselves and to supplement local law enforcement efforts.

The act reflects a careful legislative balancing of federalism concerns. Although it relies on states and localities to issue the authorizing credentials, it does not mandate states create a licensing regime out of whole cloth. The act ultimately presents issues requiring a nuanced assessment of the doctrine proscribing federal commandeering of the ...


The Constitutional Politics Heller Launched, Michael C. Dorf Sep 2018

The Constitutional Politics Heller Launched, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Second Amendment Challenges: What Level Of Constitutional Scrutiny Applies?, C M. Timpson Aug 2018

Second Amendment Challenges: What Level Of Constitutional Scrutiny Applies?, C M. Timpson

GGU Law Review Blog

Proponents of the Second Amendment stand firm in their belief that there should be little to no restrictions on a person’s ability to obtain and maintain ownership of a gun. Others believe there should be some limitations on the right to “keep and bear arms.” In District of Columbia v. Heller, the Supreme Court upheld a person’s individual right to bear arms for lawful purposes. In Heller, the Court also refused to apply rational basis review to challenges of laws that impact a person’s enumerated rights such as the guarantee against double jeopardy, right to counsel and ...