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

Second Amendment Commons

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

376 Full-Text Articles 297 Authors 178,918 Downloads 82 Institutions

All Articles in Second Amendment

Faceted Search

376 full-text articles. Page 6 of 14.

The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel 2016 Denver University, Sturm College of Law

The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel

Fordham Urban Law Journal

No abstract provided.


Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck 2016 Florida State University

Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck

Fordham Urban Law Journal

No abstract provided.


Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody 2016 College of William & Mary

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

Fordham Urban Law Journal

No abstract provided.


Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson 2016 Fordham University School of Law

Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson

Fordham Urban Law Journal

No abstract provided.


Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook 2016 Fordham Law School

Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook

Fordham Urban Law Journal

No abstract provided.


Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman 2016 United States Attorney’s Office for the Southern District of New York

Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman

Fordham Urban Law Journal

No abstract provided.


The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. de Leeuw 2016 Fried, Frank, Harris, Shriver & Jacobson LLP

The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw

Fordham Urban Law Journal

No abstract provided.


The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell 2016 Fordham University

The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell

Fordham Urban Law Journal

No abstract provided.


The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles 2016 Fordham Law School

The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles

Fordham Urban Law Journal

No abstract provided.


Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard F. Aborn, Marlene Koury 2016 Constantine Cannon

Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard F. Aborn, Marlene Koury

Fordham Urban Law Journal

No abstract provided.


Who Gets To Determine If You Need Self Defense?: Heller And Mcdonald's Application Outside The House, Elizabeth Beaman 2016 Seton Hall University

Who Gets To Determine If You Need Self Defense?: Heller And Mcdonald's Application Outside The House, Elizabeth Beaman

Seton Hall Circuit Review

No abstract provided.


Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo 2016 Notre Dame Law School

Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo

Journal of Legislation

This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.


The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West 2016 University of Georgia School of Law

The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West

Popular Media

This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.


Recent Developments: The Constitutionality Of Regulations And Bans On The Second Amendment, Trevor Shaw 2016 University of Baltimore Law

Recent Developments: The Constitutionality Of Regulations And Bans On The Second Amendment, Trevor Shaw

University of Baltimore Journal of Land and Development

The 9th Circuit decided to overturn a local California county zoning ordinance that was infringing upon a citizen’s Second Amendment right to own and operate a gun store. The ordinance stated that any store that sold firearms or operated as a firing range needed to be 500 feet away from the front door of the shop to the front door of school zones, government buildings, residential areas, and other stores that sell firearms. The owners of Valley Guns & Ammo found a place located in Alameda County, just outside the radius and began working on acquiring the property and renovating ...


How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta 2016 John Marshall Law School

How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta

The John Marshall Journal of Information Technology & Privacy Law

Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.


The Law And Politics Of Firearms Regulation In Reconstruction Texas, Mark Anthony Frassetto 2016 Texas A&M University School of Law

The Law And Politics Of Firearms Regulation In Reconstruction Texas, Mark Anthony Frassetto

Texas A&M Law Review

In District of Columbia v. Heller, Justice Scalia instructed that the historical understanding of the right to keep and bear arms should inform our present day understanding of the Second Amendment. This means an accurate accounting of the history of firearms regulation is essential for understanding the scope of the Second Amendment. The current state of scholarship on Second Amendment history paints post-Civil War firearms regulations as racist efforts by Southern states to prevent blacks from defending themselves against racial violence. This reading distorts the historical record by ignoring the actors responsible for numerous gun laws across the former Confederacy ...


Incidental Burdens And The Nature Of Judicial Review, Michael C. Dorf 2016 Cornell Law School

Incidental Burdens And The Nature Of Judicial Review, Michael C. Dorf

Cornell Law Faculty Publications

Activists and scholars contesting the meaning of the Second Amendment argue over a startling number of its twenty-seven words: "regulated," "Militia," "State," "people," "keep," "bear," and "Arms." Heller and McDonald sought to resolve most of these debates, but before Professors Joseph Blocher and Darrell Miller, no one noticed the potential for contestation over the Second Amendment's final word: "infringed." When does the application of a gun-neutral law infringe the right? In that deceptively simple question lurk important future debates over the Second Amendment, the Constitution, and law itself.


The Second Amendment In The 21st Century: An In-Depth Examination Of Firearm Freedoms And Their Relationship With Public Safety And Interests, Mathew E. Klein 2016 University of Central Florida

The Second Amendment In The 21st Century: An In-Depth Examination Of Firearm Freedoms And Their Relationship With Public Safety And Interests, Mathew E. Klein

Honors Undergraduate Theses

One of the most hotly contested topics in the world today revolves around an object. An object that has caused debate among all members of society both in the United States, and all across the globe. But how could an object, something that on its own does nothing, spur such heated argument? This object is the evolution of invention and the product of fighting amongst each other. This object changes the way people think and how they act. This object can be used for both good and bad. This object is a gun.

This research project will explore the Second ...


Guns, Gender, Geography: Exploring Reasons For Gun Ownership, Lauren N. Kadet 2016 Georgia Southern University

Guns, Gender, Geography: Exploring Reasons For Gun Ownership, Lauren N. Kadet

Electronic Theses and 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 ...


Lethality, Public Carry, And Adequate Alternatives, Joseph Blocher, Darrell A. H. Miller 2016 Duke Law School

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?


Digital Commons powered by bepress