Statute
Second Amendment
750 published works
Sentencing Law and Policy
Supreme Court grants cert in potentially big Second Amendment case out of New York City
In this post from over the weekend, I commented again on the Second Amendment's second-class status as evidenced by how its protections are general understood and applied in lower courts. …
Sentencing Law and Policy
DC Circuit showcases Second Amendment’s second-class status by holding very old, non-violent felony eliminates right to keep arms
A few days ago at PrawfsBlawg, Gerard Magliocca touched off a debate over the reach and application of the Second Amendment via this post titled "The Bill of Rights Has…
PrawfsBlawg
Why Is the First Set of Amendments Unequal?
Main Friday, January 18, 2019Why Is the First Set of Amendments Unequal?In response to my post earlier this week about the Second Amendment, Orin Kerr asked why I think that…
PrawfsBlawg
The Bill of Rights Has First-Class and Coach Tickets
Main Wednesday, January 16, 2019The Bill of Rights Has First-Class and Coach TicketsSeveral judges are complaining that the Second Amendment right recognized in Heller is being given inadequate respect. A…
For Good
Defending the Massachusetts Assault Weapons Ban
Earlier this month, Proskauer filed an amicus brief on behalf of the Brady Center to Prevent Gun Violence in support of the Commonwealth of Massachusetts’ ban on assault weapons, such…
The Faculty Lounge
Manliness
I want to thank Dean Dan Filler for inviting me to blog. One of my chief scholarly interests is manliness and its relation to law and politics. While the topic…
Maine Appeals
Guns in the street
With yet another mass shooting this week, it’s timely to discuss a recent (Nov. 2) decision from the First Circuit, Gould v. Morgan. This involved a constitutional challenge to the…
The Right Coast
First Circuit Court of Appeals Rule No Right to Bear Arms Outside the Home
On 2 November 2018, the First Circuit Court of Appeals held the Second Amendment effectively does not apply outside the home. From uscourts.gov:This case involves a constitutional challenge to the…
Delaware Corporate & Commercial Litigation Blog
Delaware Gun Restrictions Held Unconstitutional
This post was written by Eckert Seamans attorney Jamie Inferrera. A Delaware court recently issued a decision reaffirming an individual’s right to keep and bear arms outside of the home. In…
The Right Coast
Second Amendment History Shows It Was Always Meant as an Individual Right | National Review
For a while, such reasoning prevailed. But as with all great untruths, it was eventually done in by the weight of its contradictions and the scale of its delusions. The…