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Carrying The Second Amendment Outside Of The Home: A Critique Of The Third Circuit's Decision In Drake V. Filko, Ryan Notarangelo 2015 The Catholic University of America, Columbus School of Law

Carrying The Second Amendment Outside Of The Home: A Critique Of The Third Circuit's Decision In Drake V. Filko, Ryan Notarangelo

Catholic University Law Review

In D.C. v. Heller, the Supreme Court of the United States held that the Second Amendment protects an individual’s inherent right to keep and bear arms for self-defense-most notably, inside the home. Post-Heller, the lower courts are split on the Second Amendment’s protections outside of the home. This Note addresses the Third Circuit’s opinion on that split. In Drake v. Filko, the Third Circuit addressed whether New Jersey’s concealed carry permit law, which requires an individual to demonstrate a “justifiable need” to carry a handgun outside of the home, violated the Second Amendment. The ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


2015 Update: Can I Bring My Gun? A Fifty State Survey Of Firearm Laws Impacting Policies Prohibiting Handguns In Public Libraries, diana gleason 2015 University of Idaho College of Law

2015 Update: Can I Bring My Gun? A Fifty State Survey Of Firearm Laws Impacting Policies Prohibiting Handguns In Public Libraries, Diana Gleason

diana gleason

In Capital Area District Library v. Michigan Open Carry, 826 N.W. 2d 736 (2012), the Michigan Court of Appeals concluded that state law preempted the library’s weapons policy prohibiting firearms in the library. My article, Can I Bring My Gun? A Fifty State Survey of Firearm Laws Impacting Policies Prohibiting Handguns in Public Libraries,* asked how laws in each state impact similar policies prohibiting handguns in public libraries. The article warned that many states and the federal government were in the process of amending laws to increase or decrease gun restrictions, and that ongoing change could be expected ...


The History Of Firearm Magazines And Magazine Prohibitions, David B. Kopel 2015 Denver University, Sturm College of Law

The History Of Firearm Magazines And Magazine Prohibitions, David B. Kopel

David B Kopel

In recent years, the prohibition of firearms magazines has become an important topic of law and policy debate. This Article details the history of magazines and of magazine prohibition.

Because ten rounds is an oft-proposed figure for magazine bans, Part I of the Article provides the story of such magazines from the earliest sixteenth century onward. Although some people think that multi-shot guns did not appear until Samuel Colt invented the revolver in the 1830s, multi-shot guns predate Col. Colt by over two centuries.

Especially because the Supreme Court’s decision in District of Columbia v. Heller considers whether arms ...


The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel 2015 Denver University, Sturm College of Law

The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel

David B Kopel

Posse comitatus is the legal power of sheriffs and other officials to summon armed citizens to aid in keeping the peace. The posse comitatus can be traced back as least as far as the reign of Alfred the Great in ninth century England. The institution thrives today in the United States; a study of Colorado finds many county sheriffs have active posses. Like the law of the posse comitatus, the law of the office of sheriff has been remarkably stable for over a millennium. This Article presents the history and law of the posse comitatus and the office of sheriff ...


The First Century Of Right To Arms Litigation, David B. Kopel 2015 University of Denver

The First Century Of Right To Arms Litigation, David B. Kopel

Sturm College of Law: Faculty Scholarship

This Article examines state court cases involving the right to arms, during the first century following ratification of the Amendment in 1791. This is not the first article to survey some of those cases. This Article includes additional cases, and details the procedural postures and facts, not only the holdings. The Article closely examines how the Supreme Court integrated the nineteenth century arms cases into Heller and McDonald to shape modern Second Amendment law.

Part I briefly explains two English cases which greatly influenced American legal understandings. Semayne’s Case is the foundation of “castle doctrine” — the right to home ...


The Limits Of Second Amendment Originalism And The Constitutional Case For Gun Control, Lawrence Rosenthal 2015 Chapman University Fowler School of Law

The Limits Of Second Amendment Originalism And The Constitutional Case For Gun Control, Lawrence Rosenthal

Washington University Law Review

The Supreme Court’s 2008 ruling in District of Columbia v. Heller, 554 U.S. 570 (2008), reshaped decades of Second Amendment precedent and jurisprudence. Using a strictly originalist methodology, the Court in Heller appeared to embrace a largely unqualified right of every person to possess and carry any firearm in common civilian use. Heller seemed to promise the dawn of Second Amendment originalism unencumbered by the nonoriginalist balancing tests and standards of scrutiny common in other areas of constitutional law, but lacking any grounding in the original meaning of the Constitution’s text.

Nevertheless, in Heller’s wake, the ...


Disarming The Dangerous: Preventing Extraordinary And Ordinary Violence, M. Fan 2015 University of Washington School of Law

Disarming The Dangerous: Preventing Extraordinary And Ordinary Violence, M. Fan

Indiana Law Journal

Mass shootings at Navy Yard, Newtown, Aurora, and elsewhere have jolted Congress and the states into considering gun violence prevention. More than 1500 gun-related bills have been introduced since 2013, after the slaughter in Newtown of twenty elementary-school children and six adults. Legislation and debates are shaped by the specter of a heavily armed, mentally ill individual hunting in public places such as schools, businesses, and workplaces. In the states, the most successful type of legislation involves firearms restrictions for the mentally ill. In Congress, the legislation that garnered the most debate was a ban on assault weapons and large-capacity ...


Domestic Violence, Gun Possession, And The Importance Of Context, Wesley M. Oliver 2015 Duquesne University School of Law

Domestic Violence, Gun Possession, And The Importance Of Context, Wesley M. Oliver

Indiana Law Journal

Context is everything.

A federal law prohibits those convicted of committing an act of domestic violence from possessing weapons. 1 This term, the U.S. Supreme Court decided that this statute would apply even to those convicted of crimes that did not necessarily involve violent acts.2 This conclusion strains the ordinary meaning of language, but is quite consistent with a long tradition in criminal cases that favors a pro-government interpretation of a statute when the public welfare is at stake. And domestic violence, Justice Sotomayor stressed in her opinion, has reached epidemic levels, prompting Congress to get guns out ...


The Right To Remain Armed, Jeffrey Bellin 2015 William & Mary Law School

The Right To Remain Armed, Jeffrey Bellin

Washington University Law Review

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 ...


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 8) (2015), Roger Williams University School of Law 2015 Roger Williams University

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 8) (2015), Roger Williams University School Of Law

RWU Law

No abstract provided.


United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack 2015 Roger Williams University School of Law

United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack

Law Faculty Scholarship

No abstract provided.


Biting The Bullet: Why The Gun Free Schools Act Must Be Repealed To Protect Student Speech, 49 J. Marshall L. Rev. 593 (2015), Aaron Brand 2015 John Marshall Law School

Biting The Bullet: Why The Gun Free Schools Act Must Be Repealed To Protect Student Speech, 49 J. Marshall L. Rev. 593 (2015), Aaron Brand

The John Marshall Law Review

No abstract provided.


Firearm Regionalism And Public Carry: Placing Southern Antebellum Case Law In Context, Eric Ruben, Saul A. Cornell 2015 Southern Methodist University, Dedman School of Law

Firearm Regionalism And Public Carry: Placing Southern Antebellum Case Law In Context, Eric Ruben, Saul A. Cornell

Faculty Scholarship

In recent years, following the Supreme Court’s landmark originalist opinion in District of Columbia v. Heller, courts have been asked to strike down restrictions on the public carrying of handguns on the basis of the original understanding of the Second Amendment. One of the key sources used to justify this outcome is a family of opinions from the antebellum South asserting an expansive right to carry weapons in public. In this essay we explore whether that body of case law reflected a national consensus on the meaning of the right to bear arms or, in the alternative, a narrower ...


Hunting And The Second Amendment, Joseph Blocher 2015 Duke Law School

Hunting And The Second Amendment, Joseph Blocher

Faculty Scholarship

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 ...


New Approaches To Old Questions In Gun Scholarship, Joseph Blocher 2015 Duke Law School

New Approaches To Old Questions In Gun Scholarship, Joseph Blocher

Faculty Scholarship

No abstract provided.


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell 2015 Notre Dame Law School

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Journal Articles

The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.


Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora 2015 University of Nebraska–Lincoln

Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora

Faculty Publications, Department of Psychology

Every time an infamous mass shooting takes place, a storm of rhetoric sweeps across this country with the fury of a wild fire. “Why are we letting these people carry guns?” “Why were they not hospitalized?” “The government needs to crack down on this issue!” What is the government’s response to these cries of concern? Politicians and the media attempt to ease public fears by drawing tenuous connections among a handful of poorly understood tragedies. The salient commonality is that these high-profile shooters had some history of mental illness. A cursory review of the Internet will paint a troubling ...


The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez 2014 Touro College Jacob D. Fuchsberg Law Center

The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez

Touro Law Review

No abstract provided.


Dr John Liebert Presentation, Dr John Liebert 2014 Embry-Riddle Aeronautical University

Dr John Liebert Presentation, Dr John Liebert

National Security and Intelligence Symposium

No abstract provided.


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