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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. […]

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.

“A Rogue’s Gallery of Offenses,” Part II: Davis and Law Enforcement

Posted by on July 1, 2019

Last week, I wrote about the Supreme Court’s decision in Rehaif v. United States and how that decision, along with United States v. Davis, produced interesting lineups and may lead to big changes in the enforcement and prosecution of gun crimes. Today, I want to focus on Davis—and what it means for the future.

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?

“A Rogue’s Gallery of Offenses”: Implications of Rehaif and Davis for Prosecuting Gun Crimes

Posted by on June 25, 2019

In the past week, the Supreme Court issued two decisions likely to have a major impact on gun prosecutions: Rehaif v. United States, in which the Court tossed out an immigrant’s conviction for unlawful possession of a firearm, and United States v. Davis, in which the Court tossed out a pair of convictions for possessing […]