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Scholarship Highlight: New Works on Public Carry and More

Posted by on July 21, 2021

Given the recent spate of merits and amicus briefing in the Bruen case that challenges New York’s concealed carry law, some new scholarship analyzing that issue is especially timely. Below I highlight those and some other new firearms law scholarship: Patrick J. Charles, The Invention of the Right to “Peaceable Carry” in Modern Second Amendment […]

Torres v. Madrid: Debating History, Tradition, and Long Distance Seizures

Posted by on May 26, 2021

A few months ago, the Supreme Court decided an important Fourth Amendment case, Torres v. Madrid. The case struck me for its discussion of guns—and how they may require a reappraisal of traditional rules of criminal procedure (namely, what constitutes a seizure). But though I read it for the gun angle, the case offered much […]

Litigation Highlight: Wisconsin Supreme Court Upholds Ban on Carrying While Intoxicated

Posted by on May 14, 2021

Earlier this month, in State v. Christen, the Wisconsin Supreme Court upheld against a Second Amendment challenge the defendant’s conviction for going armed while intoxicated. The decision was 6-1, with Judge Brian Hagedorn writing a concurring opinion and Judge Rebecca Grassl Bradley casting the lone dissenting vote. In December of last year, the Ohio Supreme […]

New York State Rifle & Pistol v. Corlett: The Basics

Posted by on April 28, 2021

On Monday, the Supreme Court granted review in an important Second Amendment case, which sets it up to issue a major decision on the topic for the first time in more than a decade. Below are some answers common questions about the case. What’s the case about? The case–New York State Rifle & Pistol Association […]

Judging the Ninth Circuit’s Use of History in Young v. Hawaii

Posted by on April 16, 2021

Since the Ninth Circuit Court of Appeals issued its en banc decision in the much-anticipated Second Amendment outside the home case Young v. Hawaii, there has been a parade of critical commentary from gun rights circles. Gun Owners of America Senior Vice President Erich Pratt described the decision as both embodying a hypocritical “‘guns for […]

Upcoming C-SPAN Programs on the Second Amendment

Posted by on February 24, 2021

Starting tonight, CSPAN is airing past events on the Second Amendment in a marathon session. The schedule is here and below is a description of the events, including ones with Darrell as well as other experts who have appeared on this blog and at Center events: Saul Cornell, Patrick Charles, and Brannon Denning, and Adam […]

Carrying Guns at the Polls: What Does the Second Amendment Have To Say?

Posted by on February 10, 2021

Among the drama of this past election cycle was a flurry of debate over the question of whether Michiganders could carry their guns to the polls. On October 16, 2020, the Michigan Secretary of State issued a directive prohibiting the open carry of firearms at or within 100 feet of polling places on election day. […]

Guns Laws, Decatur, and Protecting Black Lives

Posted by on January 20, 2021

I just finished Kathleen Belew’s excellent book, Bring the War Home: The White Power Movement and Paramilitary America, and one story there stuck out to me. It’s a story about racist violence motivating stricter gun regulations with particular resonance for this moment. In 1979, a small group of Black protesters was marching in protest of […]

When Guns Threaten the Public Sphere: Recovering the Common Law Approach to Public Safety

Posted by on January 15, 2021

What can armed protest teach about the case for gun regulation?  Reva Siegel and I have just posted our article, When Guns Threaten the Public Sphere: Recovering the Common Law Approach to Public Safety, which is forthcoming as part of the Northwestern Law Review symposium the Center co-sponsored this past fall. Here is the abstract: […]

Why Heller Is Such Bad History

Posted by on October 7, 2020

When I began the research for my recent book, Armed Citizens: The Road from Ancient Rome to the Second Amendment, my goal was to understand the origins of American gun laws. I was hardly alone in this, of course; there is an enormous amount of contemporary research on the original goals of the Second Amendment, […]