Firearms Law And The Second Amendment

Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger. Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms

This casebook is the first and only traditional law school casebook to cover the subject. It provides a comprehensive treatment of cases and materials before and after the U.S. Supreme Court’s landmark cases in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), which affirmed the constitutional right to private firearm possession and use, and made the right enforceable against the states. From days of Anglo-Saxon King Alfred’s militia in the eighth century through the latest cases on electric stun guns and 3-D printed firearms, this casebook covers all aspects of firearms law, policy, and regulation. Rather than looking at arms laws in isolation, the book pays careful attention to changing contexts in race, class, religion, technology, and politics. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history. Key Benefits: Comprehensive coverage of all aspects of firearms law, from early English origins to present-day debates. Ideally suited for a dedicated law school course in firearms law and the Second Amendment. Supplemental materials on the website will provide a continuing research resource, tracking the most current developments in firearms law, regulation, and policy. Five online chapters on firearms and status, the philosophy of citizen arms bearing, international law, comparative law, and an in-depth explanation of firearm and ammunition functionality.

Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger. Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms

An urgent look at the relationship between guns, the police, and race The United States is steeped in guns, gun violence—and gun debates. As arguments rage on, one issue has largely been overlooked—Americans who support gun control turn to the police as enforcers of their preferred policies, but the police themselves disproportionately support gun rights over gun control. Yet who do the police believe should get gun access? When do they pursue aggressive enforcement of gun laws? And what part does race play in all of this? Policing the Second Amendment unravels the complex relationship between the police, gun violence, and race. Rethinking the terms of the gun debate, Jennifer Carlson shows how the politics of guns cannot be understood—or changed—without considering how the racial politics of crime affect police attitudes about guns. Drawing on local and national newspapers, interviews with close to eighty police chiefs, and a rare look at gun licensing processes, Carlson explores the ways police talk about guns, and how firearms are regulated in different parts of the country. Examining how organizations such as the National Rifle Association have influenced police perspectives, she describes a troubling paradox of guns today—while color-blind laws grant civilians unprecedented rights to own, carry, and use guns, people of color face an all-too-visible system of gun criminalization. This racialized framework—undergirding who is “a good guy with a gun” versus “a bad guy with a gun”—informs and justifies how police understand and pursue public safety. Policing the Second Amendment demonstrates that the terrain of gun politics must be reevaluated if there is to be any hope of mitigating further tragedies.

Seminar paper from the year 2019 in the subject American Studies - Culture and Applied Geography, grade: 1,7, University of Bonn, language: English, abstract: This study is concerned with the historical development of the Second Amendment and how it is interpreted today. In doing so, John Vile's "A Companion to the United States Constitution and its Amendments" and Adam Winkler's "Gun Fight" have been consulted to provide background information on the history of the Second Amendment. Due to the fact that this term paper also deals with current statistics on gun control laws, it also relied on online research and online publications. Firstly, there will be a chapter that deals with the original intent of the founding fathers, who framed the Second Amendment to the United States Constitution. It will provide an historical overview of the creation of the Second Amendment and what led to its inclusion into the Bill of Rights. It further tries to explain the founder's interpretation of the Second Amendment with regards to the militia. The third chapter will focus on the question of how the National Rifle Association was able to rewrite the Second Amendment in order to gain more profit and get support for gun rights. The chapter will present the approach taken by the NRA that resulted in a new interpretation of the Second Amendment and established the perception of an individual right to possess firearms within American society. It will take into account the Supreme Court cases of "United States v. Miller" of 1939 and "District of Columbia v. Heller" of 2008, that ultimately guaranteed an individual's right to own firearms without any connection to a militia. Another chapter will focus on gun control laws and provide a comparison between the United States and other developed countries. Furthermore, this chapter will give an insight into the perception of the Second Amendment within American society and discusses current gun control policies. Finally, the last paragraph of this term paper will be a conclusion, which sums up the results achieved and gives an outlook for future research on the Second Amendment and gun control laws.

Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.

How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending Red Flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.