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New Research from the UC Davis Symposium: The Theoretical Lethality Index, Reconstruction Regulation and Enforcement

Posted by on October 22, 2021

On October 1, the University of California at Davis Law School, in partnership with Giffords Law Center, put together a fabulous hybrid in person/virtual symposium:  “The 2nd Amendment at the Supreme Court: ‘700 Years of History’ and the Modern Effects of Guns in Public.”   There were some terrific panels, and I learned a lot from […]

Breaking Down the Respondent’s Amicus Briefs in Bruen

Posted by on October 20, 2021

In a previous post, I discussed the question at issue in New York State Rifle & Pistol Association Inc. v. Bruen, the two dimensions of particular importance in the case, and the initial amicus briefs filed in support of the petitioner and in support of neither party. Approximately two months later, the remainder of the […]

Sir John Clonvowe & Social Norms of Bearing Arms in 1391

Posted by on September 29, 2021

The original public meaning of texts like the Second Amendment, or of the 1328 Statute of Northampton, includes the social context, and social norms, of the relevant period.  The semantic meaning of the words in these legal texts must be situated within the context of norms that people took for granted.  The crucial role of […]

Observations Regarding the Interpretation and Legacy of the Statute of Northampton in Anglo-American Legal History

Posted by on September 17, 2021

The Statute of Northampton of 1328 remains central to the current debate surrounding the limits and protections the Second Amendment provides to carry arms in public.[1] The Statute provided that “no man great nor small, of what condition soever he be, except the king’s servants in his presence…come before the King’s justices, or other of […]

The Disjunction Between Civilian and Peace Officer Firearms Training Requirements

Posted by on August 30, 2021

Despite the deadly effects of firearms, ordinary civilians can often own and publicly carry them with far less training than is required of peace officers. A peace officer and a civilian are both capable and authorized by law to use a publicly carried weapon in a deadly manner. Yet, civilians can frequently access these deadly […]

Scholarship Roundup: Guns & Race, Public Carry, and More

Posted by on August 27, 2021

Several more articles and works in progress have been published or posted publicly in the last few weeks. They all raise thought-provoking arguments, and I was especially interested to see Patrick Charles’s article (again, no relation to me) on guns and race–it adds new texture to the competing paradigms that characterize either all gun control […]

Scholarship Highlight: New Works on Firearms Law

Posted by on August 18, 2021

As we gear up for the Supreme Court’s hearing of New York State Rifle & Pistol Association v. Bruen in November, other firearms law and Second Amendment issues continue to be litigated in lower courts and debated in the literature. Here are new pieces that take on the issue of public carry (just recently posted to […]

Breaking Down the Initial Amicus Briefs in Bruen

Posted by on August 11, 2021

In New York State Rifle & Pistol Association Inc. v. Bruen, the Supreme Court will answer: Did New York’s denial of petitioners’ applications for concealed-carry licenses for self-defense violate the Second Amendment? New York bars open carry of handguns, and the state has a “may issue” licensing scheme to carry a concealed handgun. This means […]

A Historian’s Assessment of the Anti-Immigrant Narrative in NYSRPA v. Bruen

Posted by on August 4, 2021

In the upcoming Supreme Court case New York State Rifle & Pistol Association v. Bruen (20-843), the petitioners and several accompanying amici are characterizing New York’s 1911 Sullivan Law as having deep anti-immigrant roots. In one section of petitioners’ brief it is alleged that “New York was at the forefront of this new wave of […]

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 […]