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378 full-text articles. Page 1 of 14.

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon 2019 Cleveland-Marshall College of Law, Cleveland State University

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Lee Fisher

The authors provide varying opinions on the Second Amendment.


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

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 2019 William & Mary Law School

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 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Good Guys, Ban Guys And Gun Control, Nathan B. Oman 2019 William & Mary Law School

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

Nathan B. Oman

No abstract provided.


The Right To Remain Armed, Jeffrey Bellin 2019 William & Mary Law School

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 2019 College of William & Mary

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 2019 Texas A&M University School of Law

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 2019 Bentley University

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 2019 William & Mary Law School

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 2019 William & Mary Law School

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 2019 University of Massachusetts School of Law

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, 2019 University of Minnesota Law School

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 2019 Brooklyn Law School

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 2019 Cleveland State University

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 2019 West Virginia University

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 2019 SJ Quinney College of Law, University of Utah

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 2019 Seattle University School of Law

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 2019 Chicago-Kent College of Law

"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 2019 Associate Professor of Business Ethics and Legal Studies, Daniels College of Business, University of Denver; J.D., M.A.

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 ...


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