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Second Amendment

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 […]

How Does Heller Fit Into a Con Law Syllabus?

Posted by on June 20, 2019

Jake Charles’ post yesterday noted that a great many foundational cases in the constitutional curriculum—Lopez, Printz, Curtiss-Wright, and Cruikshank, to name a few—involve gun laws. Of course, that doesn’t mean that they’re best understood as firearms law cases, or that the subject matter of the laws had much to do with the constitutional holdings (though […]

Scholarship Highlight: Charleston Law Review Symposium on the Second Amendment

Posted by on June 17, 2019

In February, the Charleston Law Review hosted a symposium on “The Second Amendment 228 Years Later.” Papers from that symposium were just recently published to Westlaw. Unfortunately, I don’t see the articles publicly available for free, except for those on SSRN, but below I’ll post the citations for this interesting set of papers to come […]

Cert Petitions Update

Posted by on June 12, 2019

Last week, we highlighted the five pending petitions asking the Supreme Court to review gun-related rulings. We’ve got one update, in which the Court denied cert, and one to add to the “watch list.”

Is the Seventh Circuit Quietly “Breaking New Doctrinal Ground”?

Posted by on June 11, 2019

As this blog highlighted last week, the Seventh Circuit in Kanter v. Barr rejected a fraudster’s attempt to have the court declare 18 U.S.C. § 922(g)(1), the felon dispossession statute, unconstitutional as applied to him. It did the same thing last Thursday in Hatfield v. Barr. But did it also upend its normal inquiry?

Second Amendment Sanctuary Counties

Posted by on June 7, 2019

“Second Amendment sanctuary counties”—counties that refuse to enforce state regulation of firearms—represent the latest skirmish in the seemingly interminable debates over gun policy in America;  debates that, more often than not, break along geographical, cultural, and political lines:  urban versus rural; blue versus red.

Changed (Judicial) Circumstances

Posted by on June 6, 2019

In a sign that litigants are hoping the changed composition of the Supreme Court—Justice Kavanaugh’s replacement of Justice Kennedy—will lead to reconsideration of some lower court Second Amendment precedents, plaintiffs recently brought a lawsuit challenging Maryland’s requirement that an applicant for a concealed carry permit show a “good and substantial reason” in order to obtain […]

How Many People Were Ever Prosecuted Under the Laws Challenged in Heller, McDonald, and NYSRPA?

Posted by on June 5, 2019

In Heller, McDonald, and now potentially in NYSRPA, the Supreme Court established Second Amendment principles that have been the basis for more than 1,000 Second Amendment challenges in the past ten years. Notably, each of the Supreme Court’s cases involved an outlier law—DC and Chicago were the only notable US cities with handgun bans, and […]

The Other Supreme Court Challenges

Posted by on June 3, 2019

The Supreme Court in January agreed to hear its first Second Amendment challenge after a decade of (relative) silence. But other than New York State Rifle & Pistol Association v. City of New York (NYSRPA), there are—by my count—five other pending petitions asking the Court to review lower courts’ Second Amendment (or related firearms) rulings, […]