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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, […]

The Growth of Second Amendment Scholarship

Posted by on May 31, 2019

Second Amendment scholarship has changed dramatically in its substance, style, diversity, and depth. Many elements of that transformation are hard to quantify, but others—including the sheer increase in volume—are more susceptible to rough-and-ready empirical snapshots.

Dangerous, Unvirtuous Felons and the Scope of the Second Amendment

Posted by on May 29, 2019

In Kanter v. Barr, decided this March, the Seventh Circuit rejected a non-violent felon’s as-applied challenge to 18 U.S.C. § 922(g)(1), which prohibits those convicted of (nearly) all felony offenses from possessing firearms for life. The majority decision, and the dissent, highlight a fraught debate about the historical justification undergirding these types of prohibitions.

Welcome

Posted by on May 27, 2019

Welcome to the blog for the Center for Firearms Law at Duke Law School. The blog will highlight important cases, scholarship, research, and other news about the Second Amendment and the broader debates over gun rights and regulation. Like the Center, the blog aims to present controversial issues in a fair, nonpartisan, and balanced way. […]

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