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, 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, 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, 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, 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 ...
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., 2019 The University of Akron
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 ...
Stop And Frisk In A Concealed Carry World, 2018 University of Washington School of Law
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, 2018 West Virginia Univeristy College of Law
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, 2018 University of Missouri School of Law
Contumacious Responses To Firearms Legislation (Leosa) Balancing Federalism Concerns, Royce De R. Barondes
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, 2018 Cornell Law School
The Constitutional Politics Heller Launched, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Second Amendment Challenges: What Level Of Constitutional Scrutiny Applies?, 2018 Golden Gate University School of Law
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 ...
The First Amendment, The Second Amendment, And 3d Firearms, 2018 William & Mary Law School
The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick
No abstract provided.
Second Thoughts About Stun Guns, 2018 Suffolk University Law School
Second Thoughts About Stun Guns, Rene Reyes
Washington and Lee Law Review Online
The Massachusetts Supreme Judicial Court (“SJC”) recently declared that the Commonwealth’s statutory ban on stun guns violates the Second Amendment to the U.S. Constitution. The SJC had previously upheld the statute against constitutional challenge in Commonwealth v. Caetano, but the reasoning behind this holding was rejected in a brief per curium opinion by the U.S. Supreme Court in 2016. However, the guidance given by the Supreme Court in the Caetano litigation was far from unambiguous: it faulted the SJC’s reasoning without opining on the ultimate question of the ban’s constitutionality, thus leaving open the possibility ...
The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, 2018 Brooklyn Law School
The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan
Brooklyn Law Review
Few areas of the law are as hotly debated as gun control, or as universally condemned as domestic violence – and the Supreme Court’s decisions on the Lautenberg Amendment address both. An amendment to the Gun Control Act, it prohibits persons convicted of a misdemeanor crime of domestic violence from owning a firearm. The amendment qualifies a predicate conviction as one that has a “force clause” as an element. In particular, while looking at the force in domestic violence, the Supreme Court has acknowledged that one must also look to context: a “squeeze of an arm” of an intimate partner ...
Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller
Washington and Lee Law Review Online
William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts to protect that same class or right. Dignity helps explain the Court’s halting approach to Reconstruction Amendment enforcement power more generally – an approach in which constitutional versus unconstitutional legislation turns on seemingly insignificant regulatory distinctions. And dignity’s role in § 5 ...
The Privileges And Immunities Of Non-Citizens, 2018 Indiana University Robert H. McKinney School of Law
The Privileges And Immunities Of Non-Citizens, R. George Wright
Cleveland State Law Review
However paradoxically, in some practically important contexts, non-citizens of all sorts can rightly claim what amount to privileges and immunities of citizens. This follows from a careful and entirely plausible understanding of the inherently relational, inescapably social, and essentially reciprocal nature of at least some typical privileges and immunities.
This Article contends that the relationship between constitutional privileges and immunities and citizenship is more nuanced, and much more interesting, than usually recognized. Crucially, allowing some non-citizens to invoke the privileges and immunities of citizens often makes sense. The intuitive sense that non-citizens cannot logically claim the privileges or immunities of ...
Second Amendment: D.C. Circuit Court Creates Split On The Constitutionality Of Good-Reason Laws, 2018 Southern Methodist University
Second Amendment: D.C. Circuit Court Creates Split On The Constitutionality Of Good-Reason Laws, Madeleine Giese
SMU Law Review
No abstract provided.
Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, 2018 San Jose State University
Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos
Themis: Research Journal of Justice Studies and Forensic Science
The issue of firearm violence in the United States is highly controversial, as there are sound arguments on both sides of the discussion. Advocates of stricter gun laws often refer to both international and domestic examples that highlight the effectiveness of more restrictive firearm policies. Japan and Australia are two such countries that are continually referred to when a tragedy, such as a mass shooting, occurs in the United States and initial reactions often emphasis a need for fewer guns in the general public. Opposition to the proposed reforms of firearm policies cite the importance of the Second Amendment which ...
A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, 2018 Golden Gate University School of Law
A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson
Golden Gate University Law Review
This Note begins with Part I section (A), describing the administrative rule and factual background, leading up to the suit in Wilson v. Lynch. Part I section (B) explains the arguments made at the U.S. District Court in Nevada and how the case progressed from the district court to the Ninth Circuit Court of Appeals. Then, Part I section (C) analyzes the Ninth Circuit’s application of the two-step test for Second Amendment challenges established in Chovan.
After evaluating the application of the two-step test in Wilson v. Lynch, Part II section (A) reviews the history of cannabis and ...
18 U.S.C. § 922(G)(1) Under Attack: The Case For As-Applied Challenges To The Felon-In-Possession Ban, 2018 University of Notre Dame Law School
18 U.S.C. § 922(G)(1) Under Attack: The Case For As-Applied Challenges To The Felon-In-Possession Ban, Kari Lorentson
Notre Dame Law Review
Part I of this Note outlines the relevant statutory scheme governing the felon-in-possession ban, along with its applicable exceptions. Part II surveys landmark Supreme Court precedent related to the Second Amendment— namely, District of Columbia v. Heller and McDonald v. City of Chicago. In Part III, this Note conducts an overview of the current circuit split percolating in the courts of appeals. Part IV presents a rationale and justification for permitting judicial review of as-applied challenges to § 922(g)(1). Finally, Part V provides a critique of the Binderup analysis and puts forth an alternative standard to analyze similar cases.