Duke Center for Firearms Law
Duke Law logo

Second Amendment

The Political Imperative to Self-Defend

Posted by on August 6, 2020

[Ed. note: This guest blog post is part of the Center’s Mini-Symposium on papers presented at the 2020 Firearms Law Works-in-Progress Workshop.] Does inter-personal self-defense necessarily implicate the political order under which it is exercised? Many moral philosophers, as well as many gun rights advocates, argue in the negative. The justification for a defensive act against […]

Public Carry and Public Health: Good Cause as a Good Solution

Posted by on August 6, 2020

[Ed. note: This guest blog post is part of the Center’s Mini-Symposium on papers presented at the 2020 Firearms Law Works-in-Progress Workshop.] A heavily armed man, Dmitriy Andreychenko, walks into his local Walmart, and was eventually taken out in handcuffs. Another heavily armed man, Patrick Crusius, walked into his local Walmart and left under the same […]

Scholarship Highlight Interview: George Mocsary on Firearms Law and the Second Amendment Casebook Online Chapters

Posted by on August 5, 2020

In the latest episode of the Scholarship Highlight interview series, I spoke with George Mocsary of University of Wyoming College of Law about his contributions to online chapters to the casebook Firearms Law and the Second Amendment: Regulation, Rights, and Policy. We talked about Chapter 14, on Comparative Law, and discussed the various ways other […]

2020 Firearms Law Works-in-Progress Workshop

Posted by on August 3, 2020

At the end of July, the Center hosted its second summer Firearms Law Works-in-Progress Workshop. Our first one last year was a tremendous success, and we were again thrilled at the community of scholars that we were able to convene this year. We had authors spanning the globe (joining from at least four different time […]

Eleventh Circuit Not Open to As-Applied Challenges to the Felon Prohibitor

Posted by on July 27, 2020

In a forthcoming article in Law & Contemporary Problems, I address some of the conceptual confusion generated by the lifetime prohibition on firearm possession by those previously convicted of a felony offense. The difficulty arises at least in part from complicated factors in the function and adjudication of the felon prohibitor, which the Eleventh Circuit’s […]

The Distortion of Self-Defense and the Second Amendment in Missouri

Posted by on July 23, 2020

It’s become an all-too-familiar scenario: a gun owner becomes scared that a protester or mere passerby could endanger him and brandishes a gun. The gun owner then asserts that the rights to self-defense and to keep and bear arms protect him from a prosecution. This line of argument, which is playing out in the McCloskey […]

Scholarship Highlight Interview: Natalie Nanasi on Disarming Domestic Abusers

Posted by on July 22, 2020

I recently had a chance to talk with Natalie Nanasi, Assistant Professor of Law at SMU Dedman School of Law and Director of the Judge Elmo B. Hunter Legal Center for Victims of Crimes Against Women. Prof. Nanasi has written a lot of incisive scholarship on issues including immigration, domestic violence, and feminist legal theory. […]

Virginia Court Partially Enjoins New Private-Sale Background-Check Requirement

Posted by on July 21, 2020

In 2020, the Virginia legislature passed a host of new gun regulations: limiting purchases of handguns to one a month, requiring the reporting of lost/stolen firearms, giving local autonomy over gun restrictions on government property, creating an extreme risk protection (aka red flag) law, and others. These new laws, in a state that had previously […]

Scholarship Highlight: Jennifer Tucker on Public History and Guns

Posted by on July 17, 2020

Second Amendment scholars naturally spend a great deal of time and energy focusing on questions about the history of gun rights and regulation, but less time investigating questions about how that history is or should be presented to the public in venues like museum exhibits. Historian Jennifer Tucker (Wesleyan) has done as much as any […]

Scholarship Highlight Interview: Greg Wallace on “Assault Weapon” Lethality

Posted by on July 16, 2020

As part of our ongoing Scholarship Highlight video series, I recently talked with Greg Wallace, Professor of Law at Campbell University Law School. We discussed his article “‘Assault Weapon’ Lethality,” which is forthcoming in the Tennessee Law Review. Here’s a short excerpt from the introduction of his piece (with footnotes omitted) and below is our […]