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Second Amendment

The Second Amendment of Things (and Grievances)

Posted by on October 15, 2019

[This post is part of a symposium on Mary Anne Franks, The Cult of the Constitution (Stanford University Press, 2019), hosted on the Balkinization blog and is cross-posted there.] The second chapter of Mary Anne Franks’ exceptional new book, Cult of the Constitution, shows how constitutional fundamentalism distorts debates about gun rights and regulation. In doing so, […]

This Week’s SCOTUS Action on Pending Second Amendment Petitions

Posted by on October 11, 2019

As I highlighted at the beginning of the week, heading into the new Term, the Supreme Court had (by my count) 14 outstanding petitions for certiorari raising Second Amendment or firearms-law related questions. Many of these cases had been considered at conferences last Term and, we suspect, are being held pending the outcome in NYSRPA. Coming out […]

One Gun Policy Idea We Can Agree On: Magazine Regulation

Posted by on October 10, 2019

Gun policy change in America seems to have come to a fork in the road: on the one hand, the forces favoring stronger gun laws have become more numerous, more vocal, and arguably more successful. On the other hand, the infusion of new, very conservative judicial appointments coming from the Trump administration who seem to […]

Scholarship Highlight: Curry on the Shifting Core of the Second Amendment

Posted by on October 8, 2019

Ryan Curry has published a new paper in the latest issue of the Tulsa Law Review, “An Evolving Right: The Shifting Core of the Second Amendment and Its Effect on Public-Carry.” He catalogues the various ways courts have characterized the “core” of the Second Amendment right and argues that the Supreme Court needs to step […]

Outstanding Second Amendment and Firearms Law Cert Petitions

Posted by on October 4, 2019

As the Supreme Court starts its new Term, with one Second Amendment case docketed (for now), it seems like a good time to review the outstanding petitions awaiting action at the Court. These petitions raise a variety of Second Amendment and firearms-related issues, including important questions of statutory interpretation and the scope of agency discretion. […]

Scholarship Highlight: Lund on Second Amendment Methodology

Posted by on October 4, 2019

Nelson Lund has posted a new paper to SSRN, History and Tradition in Second Amendment Jurisprudence, forthcoming in the University of Florida Journal of Law & Public Policy. Lund’s paper is fascinating and provocative. He argues that the approach advocated by then-Judge Kavanaugh—that focuses on text, history, and tradition in lieu of traditional methods of […]

Did the Supreme Court Dictate Lower Courts’ Second Amendment Interpretive Theory?

Posted by on October 3, 2019

In Ezell v. City of Chicago, the Seventh Circuit concluded that it had “to follow the Court’s lead in resolving questions about the scope of the Second Amendment by consulting its original public meaning as both a starting point and an important constraint on the analysis.” In other words, the Seventh Circuit thought it was […]

Retrospective on Fall Symposium: Gun Rights and Regulation Outside the Home

Posted by on September 30, 2019

Last Friday, the Center hosted its fall symposium on Gun Rights and Regulation Outside the Home. The discussions generated through the panel presentations and Q&A portion of the event were engaging and thought-provoking. We intentionally convened scholars from a broad variety of disciplines and viewpoints. Judging by the presentations, there’s no doubt that the spring issue […]

Florida Appeals Court Upholds Red Flag Law against Constitutional Challenge

Posted by on September 27, 2019

Jefferson Davis (not that one), a Gilchrist County Sheriff’s deputy, allegedly threatened to kill another deputy after he discovered that his girlfriend had been involved with the man. His colleagues sought and obtained a Risk Protection Order (“RPO”) under Florida’s new “red flag” law. Davis appealed, raising a number of challenges to the RPO entered […]

Two New Second Amendment Cert Petitions

Posted by on September 26, 2019

In the last few weeks, two new cert petitions have been filed asking the Supreme Court to review recurrent issues in litigation over the right to keep and bear arms. Below are links to the petitions and excerpts of their Questions Presented. We’ll be watching these as the Court comes back to a new Term […]