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Second Amendment

Litigation Highlight: Third Circuit Upholds Felon Prohibitor in Divided Decision

Posted by on November 27, 2020

The question of who gets to keep and bear arms is an issue that Heller left unsettled when it announced an individual right in 2008. Since then, lower courts have generally rejected challenges to the federal law barring felons from possessing firearms. Indeed, courts are unanimous that facial challenges to the law fail, but there […]

Upcoming Conference on Firearms Litigation

Posted by on November 25, 2020

On December 1st, the Center on Civil Justice at NYU School of Law is hosting what will be a very fascinating conference: Firearms Litigation: Liability, Regulation, and the Constitution. We are delighted to team up with the Center on Civil Justice and co-cosponsor the event with the Solomon Center for Health Law and Policy at […]

SCOTUS Gun Watch – Week of 11/23/20

Posted by on November 23, 2020

On Friday, the Supreme Court granted cert in Caniglia. The question presented is disarmingly simple: “Whether the ‘community caretaking’ exception to the Fourth Amendment’s warrant requirement extends to the home.” But the facts on which the legal question is based are more complicated. And a handgun lies at the center of those facts. Indeed, in […]

Constitutional Visions for the Arms Right

Posted by on November 18, 2020

The National Constitution Center’s recent Constitution Drafting Project convened scholars and practitioners from three different camps to draft and define their own revisions to the U.S. Constitution: the Libertarian Constitution, Conservative Constitution, and Progressive Constitution. Of course, there are many things that separate these three visions of what a more ideal Constitution would look like, […]

SCOTUS Gun Watch – Week of 11/16/20

Posted by on November 16, 2020

This week’s order list contains a denial of cert in Caldara, but no action on Caniglia, which likely means the Court is going to relist the latter for another conference soon. (Relisted cases generally have a higher chance of receiving Supreme Court review.) Although it’s a Fourth Amendment case, guns are the object at issue, […]

Harvard Law Review NYSRPA Case Comment

Posted by on November 13, 2020

It’s fair to say that when the Supreme Court granted cert in NYSRPA, I did not expect that the eventual Harvard Law Review Case Comment about the decision would appear under the header “Article III—Justiciability—Mootness.” But, of course, that’s just how the case ended up. Still, the Comment, which was just published online (and is […]

Litigating Guns in Schools

Posted by on November 11, 2020

Last Friday, the Michigan Supreme Court issued an order in a case it was holding until the U.S. Supreme Court decided New York State Rifle & Pistol. The Michigan case, Wade v. University of Michigan, concerns the constitutionality of the University’s ban on weapons on campus property. In accepting review of the case, the Michigan […]

SCOTUS Gun Watch – Week of 11/9/20

Posted by on November 9, 2020

According to my review, the Court’s order list today marks the first time Justice Barrett has participated in decisions to grant or deny plenary review in fully briefed cases. (Last week’s order list noted that she did not participate in those decisions, and this week’s order list has no such notation.) No gun cases were […]

Book Event: Policing the Second Amendment with Jennifer Carlson

Posted by on November 4, 2020

  On Tuesday, November 10th from 12:30pm to 1:30pm the Center is hosting a book discussion with Jennifer Carlson, Associate Professor of Sociology and Government & Public Policy at the University of Arizona on her recently published book, Policing the Second Amendment: Guns, Law Enforcement, and the Politics of Race. Here’s a description of the […]

SCOTUS Gun Watch – Week of 11/2/20

Posted by on November 2, 2020

With Justice Barrett sworn in, the Court is operating at full strength once again. But the notation from this morning’s order list confirms that things are not yet fully settled: “Justice Barrett took no part in the consideration or decision of the motions or petitions appearing on this Order List.” There are a few cases […]