Duke Center for Firearms Law
Duke Law logo

Supreme Court

SCOTUS Gun Watch – Week of 1/24/22

Posted by on January 24, 2022

The curious happenings in the bump stock ban case, Aposhian v. Garland, continue. It has now been scheduled for four different Friday conferences, only to be rescheduled days before each time. I posed the question to some experts on Twitter, and some thought it could be either a justice writing a dissent (which normally happens […]

SCOTUS Gun Watch – Week of 1/17/22

Posted by on January 17, 2022

One notable development on the docket is that, after the Maryland attorney general waived a response to the petition challenging the state’s assault weapons ban, the Court called for a response. That move indicates at least some justices are interested in the case, and a recent analysis showed that in general a call for response […]

“The People”, Citizenship, and Firearms

Posted by on January 13, 2022

The relationship between citizenship and gun rights continues to vex federal courts.[1] In turn, the answer to whether gun rights are citizen-only rights implicates other core constitutional protections. Accordingly, courts and commentators must critically re-examine the alarming judicial trend towards excluding noncitizens from the ambit of the Second Amendment. The Court’s 2008 District of Columbia […]

Native Nations and The Right to Bear Arms in a Post McGirt World

Posted by on January 12, 2022

In 2012, I published an article examining the interplay between Indians (Indigenous Americans) and guns.[1] That article traced the relationship between Indians – individually and as members of Native Nations – and firearms, stretching from the earliest days of contact between Natives and colonizers, up to present day. The complex historical and legal dynamics discussed […]

SCOTUS Gun Watch – Week of 1/10/22

Posted by on January 10, 2022

In its order list this week, the Supreme Court denied cert in P.Z. and Hatch. Although P.Z. seemed like  quite a long shot to me, Hatch seemed to at least implicate issues the Court is adjudicating in Bruen, so if the Court held the case that wouldn’t be surprising. The case challenged a Minnesota law […]

The Racial Justice Gambit

Posted by on January 5, 2022

Racial justice has become a pawn in Second Amendment litigation. In New York State Rifle & Pistol Association, Inc. v. Bruen, both petitioners and respondents raised the racialized history of gun regulation to support their positions on the constitutionality of New York’s concealed carry licensing scheme. Moreover, groups from across the ideological spectrum filed amicus […]

Essays on Race and Guns in America

Posted by on January 4, 2022

We are excited to begin rolling out the essays from the Center’s recent roundtable on Race and Guns in America. The essays are impressively rich and thoughtful, offering various descriptions and diagnoses (and some prescriptions) for the persistent problems that arise in a country flooded with guns and saturated with systemic racism. Starting tomorrow, we […]

SCOTUS Gun Watch – Week of 1/3/22

Posted by on January 3, 2022

The first SCOTUS Gun Watch of the new year looks a lot like the last one of 2021. Unsurprisingly, there’s been no new action in the past week, but this Friday’s conference has two cases scheduled. I don’t think either of the two are particularly strong candidates for a hold or grant, but we’ll see […]

Top 15 Most Popular Blog Posts From 2021

Posted by on December 29, 2021

As we wrap up the year, below is our list of top 15 most read blog posts during 2021. Remarkably, every one of the top 10 posts was authored by a different contributor, including one from Center faculty affiliate Jeff Swanson, two from Center research assistants, one from the Center’s research affiliate Kat Albrecht, and […]

SCOTUS Gun Watch – Week of 12/27/21

Posted by on December 27, 2021

This is the last SCOTUS Gun Watch of the year. It has been an eventful one with the Bruen petition filed a full year ago, the petition granted in April and argument held in November. This next year will bring an opinion in Bruen and perhaps even more grants. Two more petitions were filed at […]