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Second Amendment

Twitter Series: Historical Gun Law a Day

Posted by on July 23, 2019

The Center’s Twitter account—@DukeFirearmsLaw—has been a way for us to get out information about the Center, interesting scholarship and cases, and news about this blog. And we’ve recently started amplifying laws from the Repository of Historical Gun Laws. Through our new hashtag #HistoricalGunLawADay series, we’ve been highlighting one new historical law every single day, showing […]

Litigation Highlight: United States v. Class (D.C. Cir. 2019)

Posted by on July 22, 2019

Last Friday, the D.C. Circuit decided a big Second Amendment case, in which a defendant challenged his conviction for violating the federal law banning firearms on “Capitol Grounds.” In United States v. Class, the panel upheld the regulation against Second Amendment and Due Process challenges. The decision adds important context to the “sensitive places” doctrine […]

Minors and Firearms: A Divided Nation

Posted by on July 19, 2019

In my last blog series, I discussed laws currently in the Repository of Historical Gun Laws that relate to the category “Felons, Foreigners and Others Deemed Dangerous By the State.” I have begun wading into a new category on the Repository over the past few weeks: “Possession By, Use of, and Sales to Minors.” Recently, […]

The Origin of Toy Guns in America

Posted by on July 18, 2019

In The Gunning of America, Pamela Haag challenged the idea that “guns are part of the American identity,” and argued that in the United States, “the gun culture was forged in the image of commerce. . . it was etched strongly by the character, ambition, and will of gun capitalists rather than by diplomats, politicians, […]

The Historical Pedigree of Long Gun Registration

Posted by on July 16, 2019

In Heller II, the D.C. Circuit claimed that long gun registration requirements are novel, not historic. Heller III reiterated this line, stating that the registration requirement for long guns lacks the “historical pedigree” of the registration requirement for handguns. But is this entirely right? Historical American firearm registration laws suggest that long gun registration is […]

Is First Amendment Fee Jurisprudence the Right Approach to the Second Amendment?

Posted by on July 15, 2019

The historical record suggests: Maybe not.

Unexpected Choices in Teaching Firearms Law

Posted by on July 12, 2019

I’ve been thinking and writing about the Second Amendment for a decade, but this past year was the first time I’ve ever actually taught a course on firearms law—a seminar called “Second Amendment: History, Theory, and Practice.” The first three weeks covered some basic history and empirics, and an overview of the opinions in District […]

Some Topics and Learning Objectives for Second Amendment Courses

Posted by on July 11, 2019

An enjoyable feature of teaching Second Amendment is the flexibility and variety of possible approaches. A professor can use a wide variety of materials, depending on learning objectives. Social science, current policy debates, and political philosophy are easily included, if one wants. I use our textbook Firearms Law and the Second Amendment. It aims to […]

NYU Law Seminar: Regulation of Weaponry in a Democratic Society

Posted by on July 10, 2019

We taught a two-credit Second Amendment/Regulation of Weapons seminar at NYU School of Law in spring and fall 2019. We used the regulation of weapons as a powerful exemplar of the institutional structures and relationships that constitute the American system of government, including (1) the nature of American federalism and the constitutional relationship between national […]

Feelings, Facts, and Firearms: Teaching the Second Amendment

Posted by on July 9, 2019

The fact that guns tend to inspire very strong feelings, especially in Americans, makes the experience of teaching firearms law both a pleasure and a challenge. On the one hand, student enthusiasm for subject matter is always gratifying; at the same time, intense emotion can sometimes be at odds with reasoned discussion and critical reflection. […]