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Second Amendment

Competition for the First Amendment—Teaching Firearms Law and the Second Amendment

Posted by on July 8, 2019

It would be misleading to say that I “teach” my Firearms Law and the Second Amendment seminar.  Rather, the class is a student-driven, instructor-guided conversation.  There is substantial debate about what the law in this area should be.  It also has the advantage of being one with substantial disagreement about what the law is, both […]

Mini-Symposium: Teaching Firearms Law

Posted by on July 8, 2019

Especially since the Supreme Court’s 2008 decision in District of Columbia v. Heller, there has been an increased interest not only in writing about firearms law (check out Joseph’s post here), but in teaching classes on it as well. Our admittedly unscientific evidence—personal experience and conversations with others—suggests that student demand is high, and that […]

Scholarship Highlight: Recent Firearms Law Articles

Posted by on July 3, 2019

In the past few weeks, there’s been some interesting Second Amendment and related firearms law scholarship published. Joseph Blocher highlighted one such paper last week. Here’s a few more that have caught my eye recently.

Scholarship Highlight: Gouzoules on “The Diverging Right(s) to Bear Arms”

Posted by on June 28, 2019

Alexander Gouzoules has posted on SSRN an interesting new piece, “The Diverging Right(s) to Bear Arms: Private Armament and the Second and Fourteenth Amendments in Historical Context,” which was just published in the Alabama Civil Rights & Civil Liberties Law Review. It is well worth a read for anyone interested in historical understandings of the […]

Miniseries, Part III – Felons and Persons with a Mental Impairment

Posted by on June 27, 2019

[Ed. Note: As we discussed here, this post is part of a three-part series on gun laws in the Center’s Repository of Historical Gun Laws, written by Center research assistant Catie Carberry. This post, like the Repository, is exemplary and not exhaustive.] Felons Were bans on convicts possessing firearms “unknown before World War I?”

Miniseries, Part II – Disarmament of those Disaffected to the Cause of America

Posted by on June 26, 2019

[Ed. Note: As we discussed here, this post is part of a three-part series on gun laws in the Center’s Repository of Historical Gun Laws, written by Center research assistant Catie Carberry. This post, like the Repository, is exemplary and not exhaustive.] Who was disarmed at the time of the founding?

Miniseries, Part I – A Brief Overview of Laws Addressing Nonresidents and Aliens

Posted by on June 25, 2019

[Ed. Note: As we discussed here, this post is part of a three-part series on gun laws in the Center’s Repository of Historical Gun Laws, written by Center research assistant Catie Carberry. This post, like the Repository, is exemplary and not exhaustive.] Are laws banning aliens from keeping guns a “post-World War I phenomenon?”

Mini-Series on Historical Gun Laws: Felons, Foreigners, and Others Deemed Dangerous

Posted by on June 24, 2019

This week, we’re fortunate to have a three-part series by one of the Center’s excellent summer research assistants, Catie Carberry. Catie’s posts will provide an overview of the historical gun laws in the Center’s Repository of Historical Gun Laws, the largest publicly available single-site compilation of historical regulations of firearms. The Repository is the result […]

The Second Amendment and the Law of Nuisance

Posted by on June 24, 2019

WUNC’s Adhiti Bandlamudi has a terrific new article called “On The Edge of Suburbia: Where Noise Pollution and Gun Rights Collide,” which is part of the broader Guns & America series. (Darrell Miller and I were interviewed and are quoted in the story, but you should read it anyway.)

“Presumption of Constitutionality”

Posted by on June 21, 2019

On Thursday, in American Legion v. American Humanist Association, the Supreme Court held that a Latin cross installed over ninety years ago on public land to commemorate fallen World War I soldiers did not violate the Establishment Clause.    In doing so, Justice Alito, writing for the plurality, shied away from the much-criticized Lemon test and […]