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Public Carry

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 […]

Cars, Homes & Emergencies: Implications from Caniglia for Gun Laws

Posted by on May 21, 2021

Earlier this week, the Supreme Court issued a unanimous decision in Caniglia v. Strom. At issue in the case was whether police could enter a home and search and seize items without a warrant when conducting “community caretaking functions” (i.e., not traditional criminal investigation). The Court had held in 1973, in Cady v. Dombrowski, that […]

Pointing Guns

Posted by on May 19, 2021

Earlier this week, the Texas Law Review published Pointing Guns, an essay jointly co-authored by me, Joseph, Darrell, and our colleague Sam Buell. The essay explores the cultural phenomenon of gun displays and the legal line separating lawful displays from unlawful brandishing and related crimes. Here’s the abstract: The American gun debate is increasingly populated […]

Scholarship Highlight – Forthcoming Gun Law Articles

Posted by on May 12, 2021

Today, I’m highlighting several forthcoming articles by established scholars and veterans of firearms law scholarship. These pieces raise interesting and often under-explored aspects of the legal regulation of guns. Drury D. Stevenson, Workplace Violence, Firearm Prohibitions, and the New Gun Rights, University of San Francisco Law Review, Vol. 55, 2021 Abstract: Workplace violence is surprisingly […]

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 […]

Scholarship Highlight: New Student Notes on Guns

Posted by on April 23, 2021

A few new student notes about firearms law have been published recently or will be soon. Once again, it’s great to see the field growing! Danny Li, The First Amendment Weaponized: When Guns Become Public Discourse, William & Mary Bill of Rights. J. (forthcoming) Here’s the Abstract: This Article discusses First Amendment challenges asserted against […]

Litigation Highlight: Young Adults Carrying Firearms

Posted by on April 21, 2021

In Lara v. Evanchick, Judge William Stickman IV, a recent Trump appointee on the federal district court for the Western District of Pennsylvania, upheld last week the state’s licensing law and open carry restrictions as applied to 18-20 year-olds.  Under Pennsylvania law, only those over 21 are eligible to obtain the necessary license to carry a […]

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 […]

New ABA Resolution: Opposition to Guns in Polling Places

Posted by on March 31, 2021

In late February 2021, the American Bar Association adopted Resolution 21M111, “Opposition to Guns In Polling Places,” which is short enough to insert as a single block quote: RESOLVED, That the American Bar Association urges federal, state, local, territorial, and tribal governments to enact statutes, rules and regulations to prohibit the possession and display of […]

SCOTUS Gun Watch – Week of 3/29/21

Posted by on March 29, 2021

Last Wednesday, the Ninth Circuit issued its ruling in Young v. Hawaii, which upheld Hawaii’s permitting scheme requiring a person to prove a heightened need for self-defense in public to secure a permit to openly carry a handgun. At its conference last Friday, the Supreme Court considered the cert petition in New York State Rifle […]