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Second Amendment

Special Journal Issue with Center Contributors – Gun Violence in America: An Interdisciplinary Examination

Posted by on January 22, 2021

The Journal of Law, Medicine, & Ethics recently published a special volume, Gun Violence in America: An Interdisciplinary Examination. The volume was pulled together and edited by Yale Law School’s Ian Ayres, Abbe Gluck, and Tracey Meares with articles largely co-authored with law students from their gun violence seminar last year. Joseph and I have […]

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 […]

SCOTUS Gun Watch – Week of 1/18/21

Posted by on January 18, 2021

None of the current gun cases pending before the Court are fully briefed, so it will be at least a few weeks before we get any confirmation about the Court’s willingness to take another Second Amendment challenge. But when that happens, the justices will have the chance to pick from either (1) one of a […]

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: […]

Members of Congress Have Little Right to Bear Arms on Capitol Hill

Posted by on January 15, 2021

After last week’s riot at the Capitol, the acting House Sergeant-at-Arms implemented a new policy requiring House members to be screened for weapons before entering the House chamber.  On Tuesday, June 12, the U.S. Capitol Police declined to admit Rep. Lauren Boebert (R.-Colo.) to the floor of the House of Representatives after she refused to […]

Recent Center Commentary

Posted by on January 13, 2021

Over the past few weeks, Joseph and Darrell have done some commentary on the relationship between guns and democratic institutions. Joseph Blocher & Alan Chen, Why Do States Ban “Electioneering” but Allow Guns at Polling Places?, Slate (Jan. 5., 2021) Olivia Li, The Gun Rights Rhetoric That Helped Seed the Insurrectionist Mindset, The Trace (Jan. […]

SCOTUS Gun Watch – Week of 1/11/21

Posted by on January 11, 2021

The Court granted cert in two gun cases after its conference last Friday: United States v. Gary, in which the government is the petitioner, and Greer v. United States. Both concern the legal consequences from the Supreme Court’s 2019 decision in Rehaif clarifying that the government must prove a person knew about the status that […]

Cert Petition Highlight: Flick v. Rosen

Posted by on January 8, 2021

In addition to the several other Second Amendment challenges recently filed at the Supreme Court, a new one was filed in the last days of 2020 and just docketed earlier this week: Flick v. Rosen. Like a couple of the other petitions, Flick involves an as-applied challenge to the felon prohibitor. But unlike at least one of […]

SCOTUS Gun Watch – Week of 1/4/21

Posted by on January 4, 2021

As the new year begins, court-watchers will be following the Supreme Court closely as it fills out the rest of its docket for this term. Of the many cases on tap, there are a handful of Second Amendment challenges that will give us a chance to see how Justice Barrett’s presence on the Court has […]

Top 10 Posts of the Year

Posted by on December 30, 2020

2020 has certainly been a wild and unpredictable year. While that is obviously true in the wider world, it is also true in the Second Amendment context. This year saw the Supreme Court’s decision in the first argued Second Amendment case in a decade, and that decision gave no guidance on substance; the denial of […]