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What the Panthers Meant By Self-Defense: Race, Violence, and Gun Control

Posted by on August 9, 2022

NOTE:  Portions of this blog post are reformulations of my Master’s Thesis “Picking Up The Gun” completed for the M.St. in U.S. History at the University of Oxford in 2015. [This is a guest post based on a paper that was presented at the Center’s 2022 Firearms Law Works-In-Progress Workshop.] The Supreme Court in Bruen […]

Territorial Gun Regulation and the “Lost” History of the Federal Second Amendment

Posted by on August 8, 2022

The Court’s opinion in Bruen considered five territorial gun laws—passed in the Arizona, New Mexico, Wyoming, Idaho, and Oklahoma territories between 1869 and 1890—that supported New York’s position and, in some cases, imposed even broader restrictions on the right to public carry.  The Court proceeded to disregard all five as “exceptional” outliers.  The Court relied […]

Scholarship Highlight:  Hillel Levin and Timothy Lytton on PLCAA and Bruen

Posted by on August 5, 2022

In a recent article, Hillel Levin and Timothy Lytton consider the Protection of Lawful Commerce in Arms Act (“PLCAA”) and its statutory exceptions to gun industry immunity in the wake of Bruen.  Levin and Lytton ask the interesting question of whether the lack of analogous historical use of civil lawsuits against gun manufacturers means that […]

Are There Any Red Flags for ‘Red Flag Laws’?

Posted by on August 4, 2022

[This is a guest post based on a paper that was presented at the Center’s 2022 Firearms Law Works-In-Progress Workshop.] In the aftermath of the tragic Uvalde shooting, Extreme Risk Protection Orders (ERPOs), more commonly known as “red flag laws,” were touted by policymakers, bloggers, and gun control groups as a potential way to address […]

History in Practice: How Have Lower Courts Applied Bruen So Far?

Posted by on August 3, 2022

Since Bruen was issued on June 23, lower courts have begun to apply its new framework to Second Amendment challenges.  As of today there are no major developments in the four cases that the Court GVR’ed shortly after Bruen, which include a challenge to Hawaii’s proper-cause analogue, two magazine-capacity cases, and a challenge to Maryland’s […]

SCOTUS Gun Watch – Week of 8/1/22

Posted by on August 1, 2022

A few updates this week on the Supreme Court front, as the summer recess continues.  Baldea and Whitaker (both permitting cases) are set for consideration at the Court’s Long Conference in September.  Massachusetts filed a response in Morin v. Lyver, a challenge to the state’s ban on issuing public carry licenses to those convicted of certain […]

Litigation Highlight: Montana Supreme Court Unanimously Upholds Permanent Injunction of Permissive Campus Carry Law

Posted by on July 29, 2022

Last month, in Board of Regents v. Montana, the Montana Supreme Court unanimously held that the state’s Board of Regents has the exclusive power to regulate firearms on Montana University System (MUS) campuses. The litigation involved a challenge to Montana House Bill No. 102 (HB 102), which would have allowed the possession and carrying of […]

Synthesizing Bruen, Heller, and NFIB v. OSHA: The Relevance of the Original Version of the Second Amendment

Posted by on July 27, 2022

Should the original version of the Second Amendment matter, if it was not the version sent to the states for ratification? The original draft of the Amendment that the House debated and voted to adopt included a clause, omitted from the later Senate version, protecting the rights of those “religiously scrupulous” of bearing arms.  In […]

Empirically Testing Waiting Period Restrictions to Challenge the Underlying Legal Paradigm

Posted by and on July 26, 2022

[This is a guest post based on a paper that was presented at the Center’s 2022 Firearms Law Works-In-Progress Workshop.] Initially, this paper started as a primarily empirical study of the relationship between waiting period restrictions and some outcome variables of interest like per capita suicide and homicide rates. Many states that have a waiting […]

Essays from Harvard Law Review Symposium Published

Posted by on July 25, 2022

We’re excited to share the essays from the Guns, Violence, and Democracy symposium that the Center co-hosted with the Harvard Law Review on March 25, 2022, which are now published in the Harvard Law Review Forum.  The symposium addressed the ways that violence shapes U.S. democracy with an emphasis on the intersection between firearms and issues such as […]